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Resolution 2007-045 RESOLUTION 07- ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW AN "EMERGENCY MEDICAL SERVICES" FACILITY IN THE ESTATES (E) ZONING DISTRICT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 2.01.03.G.1.e., FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 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. 2004-41, as amended) 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 Board of Zoning Appeals, 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 a Conditional Use for an a Safety ServicelEmergency Medical Facility in an Estates Zoning District, pursuant Land Development Code Section 2.01.03.G.1.e, 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 Section 10.08.00.D of the Land Development Code, as amended; 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, identified as CU-2006-AR-I0550, filed by Heidi Williams of Q. Grady Minor & Associates, P.A., representing the Collier County Government Department of Facilities with respect to the property hereinafter described in Exhibit liB", and the same is hereby approved for Conditional Use as allowed by Section 2.01.03.G.1.e of the Land Development Code in the Estates Zoning District, for a Safety Service/Emergency Medical Services Facility in accordance with the Conceptual Master Plan (Exhibit "C"), subject to the conditions found in Exhibit "D" and the EMS Siren Policy (Exhibit "E") attached hereto and incorporated by reference herein. Page I of2 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 ;< 1 dayof1-~ ,2007. \~. f ~;} ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS ::LLI;;l::?~ JAMES COLETTA, CHAIRMAN ~: {}uu. ~J ,'~~.PA' at . Att.s ' DE TY CLERK t.." to CJtif,.,. , S , Qnlt""... on}. Exhibits (attached): A. B. e. D. E. Findings of Fact Legal Description Conceptual Site Plan, entitled, "EMS Station #73 Conditional Use," revised 2/07, which is prepared by Q. Grady Minor & Associates, Inc. Conditions EMS Siren Policy, entitled, "Collier County Emergency Medical Services General Order # 07-02, dated January 25,2007. Page 2 of2 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The fa llowing facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property 01' 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 prope11y and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of tire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring propelties in relation to noise, glare, economic or odor effects: _ No affect 01' ~ffect mitigated by MeA- (vJ <<. ~ ( _ 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 <text>. DATE: t ~ l ...-~>. 01 CHAIRMAN: EXHIBIT A FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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...J{ No_ B. Ingress and egress to property and proposed structures thereon with particular refel'ence to automotive and pedestrian safety and convenience. traffic flow and control, and access in case of fire or catastl'Ophe: Adequate ingress & egress YesL No_ i. C. Affects neighboring propetties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by J ~/h.rr _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes?C- No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: / -It!'--- t:) 7 ~ff(;' 111,,,,J... CHAIRMAN! C--2~ {. i,l',_ EXHIBIT A FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found; 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propelty or uses in the same district or neighborhood because of: A. Consistency withJe Land Development Code and Growth Management Plan: Yes / No - - B. Ingress and egress to property and proposed stmctures 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: ~ affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other propelty in the district: Compatible 7in district Yes No - - DATE:/'-- / t... () 1 . MEMBER: ~/e,e/ V/~ -< /ClrTf' Based on the above findings, this conditional use should, with stipulations, (COR (should not) be recommended for approval <text>. EXHIBIT A ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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 1 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 01' catastrophe: ( Adequate ing7s & egress Yes No C Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No ~t or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent propeliies and other property in the district: Compatible ajthin district Yes No ( Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. ~ \\ DATE: , IS 0 MEMBER: ~V{. ~ EXHIBIT A ( FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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 v" No C. Affects neighboring properties in relation to noise, glare, economic 01' 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 yesJ.c:! No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: t J I ~ 10 1 , ~~ MEMBER: ~.- EXHIBIT A FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. 2. Section 10.08.00 of the Land Development Code authorizes the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other propeliy or uses in the same district or neighborhood because of: A. Consistency with t~~evelopment Code and Growth Management Plan: YeSLNO_ B. Ingress and egress to property and proposed structures thereon with paliicular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offrre or catastrophe: Adequate ingress ~s Yes Z ~:=- A~~cts n rghboring propelties in relation to noise, glare, economic or odor effects' . _ No affect or _ Affect mitigated by _ Affect cannot be mitigated C. D. Compatibility wi~./nt properties and other propelty in the district: Compatible U7i~ district Yes No - - Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE:/~ If./o( MEMBER:a[ EXHIBIT A FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-10550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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 stlUctures 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 Yesx- No C. Affects neighboring propelties 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 V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: I,.. /~....v 1 MEMBER: ~ qlf?Y EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU~2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes 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 V 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 ingris & egress ...,/ Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 7 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 V No DATE: 1})1,f 7 MEMBER: \)YltW sq)IO-V~~ Based 011 the above tindings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval <text>. EXHIBIT A FINDING OF FACT . BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006- AR-I0550 The following facts are found: 1. Section 10.08.00 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property 01' uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 1/ 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 catastl'ophe: Adequate ingress & egress / Yes~ No C. Affects neighboring prope11ies 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 ill the district: Compatible use within district Yes t/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval <text>. DATE: Jlli/f)'! ! ! ) t-;"). /1. MEMBER:!\lh?""7'(--. /(;;1/( { tU)nJ EXHIBIT A LEGAL DESCRIPTION TRAGT 19. GOLDEN GATE ESTATES UNIT 95. AS RECORDED IN PLAT. BOOK.. 9, PAGE 45 OF THE PUBLIC RECORDS OF COLliER COUNTY, FLORIDA. LESS AND EXCEPT (EXCEPTION 1) THE NORTHERLY 35.00 FEET LESS THE WESTERLY 50.00 FEET OF TRACT 19 OF GOLDEN GATE ESTATES UNIT 95. AS RECORDED IN PLAT BOOK 9, .. pAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. . CONTAINING 21861.59 SQUARE FEET OR .5019 ACRES, MORE OR LESS. ALSO LESS AND EXCEPT (EXCEPTION 2) COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE N.89"31'02"E.. ALONG THE SOUTH LINE OF SAID TRACT 19. A DISTANCE OF 50.00 FEET TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF THE 1 00.00 FEET ROAD EASEMENT FOR LOGAN BOULEVARD. AND THE POINT OF BEGINNING; THENCE N.00"28'58"W., ALONG THE EASTERLY liNE . OF SAID ROADWAY EASEMENT, FOR A DISTANCE OF 175.40 FEET; TO A POINT LYING 35.00 FEET SOUTHERLY OF. WHEN MEASURED AT A RIGHT ANGLE TO THE NORTH LINE OF SAID TRACT 19; THENCE S.89"54'03"E., "" PARALLEL WITH THE NORTH LINE OF SAID TRACT 19, A DISTANCE OF .= 71.90 FEET; THENCE S.02"58'14"W., A DISTANCE OF 174.96 FEET, TO A ~ POINT ON THE SOUTH. liNE OF SAID TRACT 19; THENCE S.89'31'02"W., ALONG THE SOUTHERLY LINE OF SAID TRACT 19, A DISTANCE OF 61.86 FEET TO THE POINT OF BEGINNING. CONTAINING 0.269 ACRES, MORE OR LESS. 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W () 5 () ~ ~~ ~ E::: ~ CI) ~ t..l ~~ ~.~ ~ ~ ~~.'. <( ~ ~1 g. l ell; . ~~!I' <ill . ij ~:W o~ ~~. >- ~~, o 5. ~I!; ~~ 0'6 :l 8 .. ~~ ; :i -> ; ~ E Q 2 iil Ii ~ Ii M ; ::ll! ~ g I I ! i U t- is - :c >< w @l ililill; ~h ~ l /:;f;! ~~;l; 8~1t ffi~'" ~ii CONDITIONS FOR APPROVAL FOR CU-2006-AR-I0550 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "EMS Station # 73 Conditional Use Conceptual Site Plan," prepared by Q. Grady Minor & Associates, P.A., dated October 30, 2006. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use approval, or major changes to the approved plan, 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 Chapter 10.02.03, Site Development Plan (SDP) review and approval, of the Collier County Land Development Code, Ordinance 04-41, as amended. 3. The applicant shall coordinate with Transportation Department staff to install an egress point from the site to Vanderbilt Beach Road during the SDP review process. 4. The directional median opening at Logan Boulevard North shall be for emergency vehicles only. 5. The applicant shall make road improvements, including providing a mountable curb for emergency vehicles in the Logan Boulevard North median and apron improvements to Logan Boulevard North as may be required by the Transportation Division during the SDP reVIew process. 6. Clearing limits shall be shown on the EMS Station # 73 site plan. 7. The EMS Station # 73 garage door heights shall be limited to 12-foot height. 8. The EMS Station # 73 site shall be limited to emergency medical services use only. EXHIBIT D G: Current! Gundlach/ Conditional Uses/ EMS Station #73/Exhibit 0 Conditions 2-9-07 COLLIER COUNTY EMERGENCY MEDICAL SERVICES GENERAL ORDER # 07-02 TO: SUBJECT: PREPARED BY: DATE: All EMS / Fire Depanment Personnel Emergency Vehide Operations Overview Matt Vila, EMS/ Fire Battalion QUef January 25,2007 PURPOSE AND INTENT: To assure the safe and prompt response of emergency vehicles to emergency scenes while maintaining a courteous and polite public presence ASSIGNED RESPONSIBILITY: All EMS / Fire field personal PROCEDURE: Vehicle operators are to adopt a "good neighbor" policy and not test the audible warning devices as part of their daily apparatus check. When traveling in the "responding" mode, all visual warning devices will be operated at all times regardless of the time of day and! or traffic conditions. Secondmy visual devices will remain in operation while the unit is parked on-scene of an emergency unless ordered otherwise by Incident Command. Audible devices are to be utilized only when reasonably necessary. Use of audible warning devices during late night/early morning hours is discouraged on empty roads or within neighborhood communities. Examples of conditions that may warrant the use of audible warning devices include: o Pedestrians or animals on or approaching within 30' of the intended right-of. way; . Moving vehicles on or approaching within 300' of the intended right-of-way; and o As safety/warning notification to on-scene personnel. Usually activated by Incident Command. Changing the siren cadence is an effective way to alert vehicles and! or pedestrians. The use of air horns should be limited for a last resort accident avoidance. When responding to an emergency, vehicle operators shall operate the vehicle they are driving as close as possible to the posted speed limit, but to not exceed ten [10] miles per hour over the posted speed limit, conditions pemlltting. Examples of conditions requiring slower response speeds include but are not limited to: . Between the hours of dusk and dawn; . Slippery road conditions; o Inclement weather; . Poor visibility; o Heavy or congested traffic conditions; and . Sharp curves ~BY: , , /C)~ Dan Bowman, Division Chief Collier County Emergency Medical Services / Fire Department AP9;SBYQ _ JeW1>age, aue! ~ Collier County Emergency Medical Services / Fire Department EXHIBIT E