Resolution 2000-027
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RESOLUTION 2000- ~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A BUS STOP CONDITIONAL USE "13" 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 4, 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 ofthc 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 "13" of Section 2.2.15.3 in
an "C-4" Zone for a bus stop 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 ofthe 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 Amin Farah of First Stop representing Raida Hamden, with respect to the
property hereinafter described as
Lots 11 and 12, Block 1, Carson Subdivision, as Recorded in Plat Book 2, Page 40, Official
Records of Collier County.
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "13" of Section 2.2.15.3 of the "C-4" Zoning
District for a bus stop 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 ofthis Board.
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.be and' the same is hereby approved for Conditional Use "13" of Section 2.2.15.3 of the "C-4"
Zoning District for a bus stop 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.
Donethis~.dayof ~~"-"""<r- ,2000.
BOARD OF ZONING APPEALS
COLLIER TY, FLORIDA
BY:
'ATTI;:ST;
DWrGm:"~. BROCK, Clerk
~<: ~.>~.'~::.~
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Approved as to Form a~ " to CIlat,..u.s
Legal Sufficiency: S gnaturt on I,.
,
M~s~;r?r~
Assistant County Attorney
g/admin/CU.99.2~1R ESOLUTIONIISMI1s
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EAhibit A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
.FOR
CU-99-25
The following facts are found:
1. Section 2.2.15.3.13 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 ingre~ & egress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glar~, economic or odor effects:
v' No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use withiq., district
Yes v No
Based on the above findings, this conditional use should, with
stipulations, (c~~y~~t~ached) (should not) be recommended for
approval tJ'ft!:fMV . ") ;y} f I / /
DATE: ,/,/tIfJ CHAIRMAN: ;J~)CkJI
I f
G/admin/PINDING OF PACT CHAIRMAN/CO-99-~S/SM/im
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Exhibit B CU-99-25
Lots 11 and 12, Block 1, Carson Subdivision, as Recorded in Plat Book 2, Page 40, Official Records of
Collier County.
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EXhibit D
CU-99-25
Subject to the following conditions:
a. The Planning Services Department Director may approve minor changes in the location of the use
within the building or structures and improvements authorized by the conditional use. Expansion
of the 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 and approval, of the Collier
County Land Development Code (Ordinance No. 91-102).
b. If, during the course of site clearing, excavation or other construction activity, an historic or
archaeological artifact, or other indicator 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. Greyhound type of passenger buses are pennitted to stop at the site no more than three (3) times
within a 24 hour period. At no time shall there be more than one bus stopped or parked anywhere
on the site.
d. Buses shall stop only within the area designated "Bus Stop" or its general vicinity, as shown
on the attached site plan. The Bus Stop location shall not interfere with or be located on the existing
parking lot or drive aisles serving the grocery store. Access to the bus stop shall be provided from
Lot 12, and not from the existing drive aisles or parking area on Lot 11. Buses shall only stop on
site for the purposes of loading or unloading passengers, there shall be no overnight or extended
parking of buses on site.
e. The bus stop area shall be located adjacent to the west side of the existing grocery store on Lot 12.
Access to the bus stop shall be accessed off of Boston Avenue, directly onto Lot 12. Buses shall
not be pennitted to drive through parking areas or drive aisles located on Lot II.
f. Within sixty (60) days of approval of this petition by the Board of County Commissioners, the area
where the bus loads and unloads passengers shall be paved with an area large enough to
accommodate the dimensions ofa typical Greyhound type of passenger bus. Additionally, the
pavement shall extend an additional 10 feet to the front, rear and on both sides of the paved bus
foot print (as described above) in order to provide safe and convenient access to the bus by
passengers for loading and unloading. Paved pedestrian access to the bus stop area shall be
provided from the existing grocery store.
g. The site shall be brought up to current Land Development Code regulations with regard to
Handicapped Parking space requirements and Dumpster screening regulations, within sixty (60)
days of approval of this petition by the Board of County Commissioners.