Resolution 2000-157
13A3
RESOLUTION 2000-.-l?7
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A NON-COMMERCIAL BOAT DOCK FACILITY
CONDITIONAL USE "I" IN THE "RSF" ZONING DISTRICT
PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 5, TOWNSHIP48 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 Conditional Use "I" of Section
2.2.4.3 in an "RSF-l" zone for a non-commercial boat dock facility 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 D. Yovanovich, Esq., of Goodlette, Coleman & Johnson, PA
representing Barbara and Wilbur Crutchley, 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 Conditional Use "1" of Section 2.2.4.3 of the "RSF'::1" Zoning
District for non-commercial boat dock facility 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.
-1-
13 3
This Resolution adopted after motion, second and majority vote.
Done this ,,~,,~ ~ day of ~7~ ~ ,2000.
Attest as to Chatfi,an's
signature onl$.
ATTEST:.. '.
· DWIGHT El'BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
~ .
Mami M. Scuderi,
Assistant County Attoney
BOARD OF ZONING APPEALS
COLLIER
TIM T~ J. CON~ANTIN~, CHAIRMAN
g:/admin/CU-2000-01 / RESOLUTION/CB/ts
-2-
13A3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. 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:
ao
Consistency with the Land Development Code and Growth
Management Plan:
Yes No
Bo
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 v' No
Affects neighboring properties in relation to noise,
glad, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use wit~n district
Yes ~ No
Based on the~ings,
stipulationS, ~ !.c.op.y attached)
approval ( ~./t~f//.0~/gP / .
this conditional use should, with
(should not) be recommended for
EXHIBIT "A"
g/admin/FINDING OF FACT CHAIRMAN/CU-2000-01/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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
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
Affects neighboring properties in relation to noise,
glare,/~conomic 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, th_~s Qo~ditional use should, with
stipulations, (copy attached<!shou~-~be recommended for
approval .
g/admin/FINDING OF FACT MEMBER/CU-2000-01/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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:
ao
Consistency with 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 %.' No
C o
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
\ 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 k No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) [(should~'inot) be recommended for
approval
g/admin/FINDING OF FACT MEMBER/CU-2000-OI/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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:
ao
Consistency with the Land Development Code and
Growth Management P~No
Yes
B o
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~9~ss
Yes No
C o
Affects neighboring properties in relation to noise,
glare,~/e~eonomic or odor effects:
~' No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w~h district
Yes ~-~ No
Based on the above findings,
stipulations, (copy attached)
approval
DATE:
this conditional use should,/wT~h
(~b~ recommende~ fo~
g/admin/FINDING OF FACT MEMBER/CU-2000-01/CB/im
13 3
FINDING OF FACT
BY
COLLIER COUNTY PLAArNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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 neigb_borhood because of:
Consistency with the Land Development Code and
Growth Management P~n:
Yes No
So
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 ~/ No
Co
Affects neighboring properties in relation to noise,
gla~ economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D o
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~- No
Based on the above findings, th~s conditional use should, with
stipulations, (copy attached) ( h~ not) be recommended for
approval ~~~
DATE:G- O MEMBER:
g/admin/FINDING OF FACT MEMBER/CU-2000-01/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. 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:
no
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~/~ No
So
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 & ~g..ress
Yes ~ No
C o
Affects neighboring properties in relation to noise,
g~, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Do
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
st'~n!, (copy attac. hed)
q-' -k2
g/admin/FINDING OF FACT MEMBER/CU-2000-01/CB/im
(should not)be recommey~or
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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:
ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~ No
B o
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 o
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D o
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
stipulatio~~pF/~ttached) or
approval
!
~~D~G OF FACT MB~BB~CU-20~ I/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
13 3
CU-2000-01
The following facts are found:
Section 2.2.4.3. 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 P~:
Yes No
So
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 i/No
C o
Affects neighboring properties in relation to noise,
gl~r~economic or odor effects:
v No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes / No
Based on the above findings, this conditional use should, with
's~~ons, (copy attached) (should not) be recommended for
DATE: ~--~--~/ MEMBER:
13 3
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-01
The following facts are found:
1. Section 2.2.4.3. of the Land Development Code authorized
the conditional use.
o
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:
ao
So
Consistency with 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 ~/ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D o
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
DATE: ~/~/7~oo~ MEMBER:
g/admin/FINDING OF FACT MEMBER/CU-2000-O1/CB/im
I,EGAI., DESCRIPTION .
BEIN(-, A PART OF LOT I OF BLOCK 'E' IN LIIIlE tflCKORY SIlORES
UNIT NO. ~, ACCORDING TO THE PLAT THEREOF RECORDED IN PLA T
BOOK 3~ PAGE 7~, PUBLIC RECORDS OF COLLIER COUNTY FLORIB~
BEI~6 ~ORE PARTICUL ARL Y BESCRI~EB AS FOL ~
COHHE~CI~6 AT THE ~ORTHEAST COR~ER OF SAID LOT 1; IHENCE
~EST ALON~ THE ~ORTH LI~E OF SAID LOT I FOR 30 FEET AS
DN PLAT; THENCE 50UTtt PARALLEL ~ITH TIlE EAST LINE OF SAID LOI
I ACCBRBING TO SAID PLAT FOR 40 FEETi THENCE EAST PARALLEL
~ITH THE NORTH LINE OF SAID LOT ACCORDING TO THE SAID PLAT
FOR 30 FEET~ THENCE NORTH ALONG THE EAST LINE OF SAID LOT FOR
40 FEET TO THE POINT OF
EXHIBIT "B"
SURI/£y
NOT FOR
NOT FOR
$KETCIt OF BOUNDARY SURVEY
CONSTRUCTION
DESIGN
5~h STREEI'
FIfO 1/2'
5'553
LOT 1
BL [-]£K '1'1'
CANAL
(80' ROW)
DOCK
S, O 9 °32' W.
S. 89"43'42'W.
FIR 5/8'
6 746
TOO
eq CONC BLOCKS
(STAIRS)
FII~ 5/8'
NIl ID
30. 08'
EOk/
/
FDH
IN SEA WALL
_ . /~/
A/.89°£9'49'E.81.72'
FIt~ 5/8'
NO ID
PART OF LOT 1
BLOCK 'E'
N. 89°40'£~'E,30.09'
N,~9 02 E, _ 0
RENA1NDER LOT I
BLOCK 'E'
(M)
FIR 5/8'
NO ID
I,EGAL DESCRIPTION :
BFIN6 A PARI OF t[]f I [IF BLOCK 'E' IN LIIIL[ 1tlCK[Iler Stt0£[~?
UNIT Nl~ ~, ACCORDIN6 ~0 THE PLAT ~HLREBF RECORDED IN PLAT
BOOK 3, PA6E 7~, PUBLIC RECORDS OF COLLIER COlINlY, FLORID4
BEIN6 NFIRE PARHCULARL Y DESCRIBED AS £OLLD~/S,.
CONNENCIN6 AT ~HE NOR[HEAS[ CORNER OF %AID LO[
k/[S[ AtUN6 [HE NO~Itt LINT ~F SAID LOT I FD~ 3~ FE[~
UN PLAh [HENCE SOUUt PARALLEl ~grtt [tt[ EA~[ LINE
I AOgDRDIN6 [D 2AID PLA~ FD~ 4D F[[h [HENCE [AS~
WlrH ~n[ NORTH LINE OF ~AID LUr ACCDRDIN6 ro fH[ SAID PLAT
F~ 30 FEEf; ~H[NC[ N~[H ALDN6 DiE [A~[ LINE DF
40 F[[7 [O THE POINT DF BE61NNIN6,
CERTIFIEI) TO '
BARBARA AND IFILBER CRUTCItLE~;'
COLLIER COUNTY, FLORIDA
EXHIBIT "C"
ERTIPIC^TION '
(CERTIFY litAT IItlS SURVFY WAR MADF Uf!DFR MY DIRECllON AND 11tAI I1 MCFT$
P.D,B.
13
N,E,
CORONER OF LOT I
---30'
SCALE 1' = 1o'
0 2 § IO 80
GRAPHIC SCALE
FLOOD ZONE : AE ]1
COMMUNITY PANEL 1~0067-0179~
DATED : 2-16-95
(FLOOD ZONE : "B","C","D", & "X" ARE NOT
IN DESIGNAIED FLOOD HAZARD ZONE AREA,.)
CONDITIONS OF APPROVAL
CU-2000-01
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission in their public hearing on April 6, 2000.
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 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 (91-102).
No parking of any vehicles shall be allowed on this property.
This conditional use shall expire and the dock must be removed, Should
the title of this property be conveyed or the property be rented to anyone
other than the owner or tenant of Lot 10, Block 16, Little Hickory Shores
Unit 2.
EXHIBIT "D"