Resolution 2007-137
RESOLUTION 07--13L
A RESOLUTION OF THE BOARD OF ZONING APPEALS,
OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW
STABLING ON 3.52:t ACRES OF LAND WITHIN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT
PURSUANT TO THE COLLIER COUNTY LAND
DEVELOPMENT CODE, SECTION 2.04.03, TABLE 2, FOR
PROPERTY LOCATED AT 256 ROSE APPLE LANE, IN
SECTION 23, TOWNSHIP 50 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) 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 to
allow Stabling in 3.52:!: acres ofland within the Rural Agricultural (A) zoning district pursuant
to Land Development Code, Section 2.04.03, Table 2, on the property hereafter described, and
the Collier County Planning Commission 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 lO.08.00.D. of the Land
Development Code; 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, CU-2005-AR-8900, filed by Richard D. Y ovanovich, Esq., of Goodlette,
Coleman, & Johnson, P.A., representing with respect to the property located at 256 Rose Apple
Lane, hereinafter described in Exhibit "B" attached hereto and incorporated by reference
herein, be and the same is hereby approved for a Conditional Use in the Rural Agricultural (A)
zoning district to allow Stabling per Section 2.04.03 "Table 2" of the Land Development Code
(LDC) in accordance with the Conceptual Plan (Exhibit "C") and subject to the conditions set
forth in Exhibit "D," attached hereto and incorporated herein by reference.
Page I of2
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
dayof-1('\ (~
This Resolution adopted after motion, second and super-majority vote this 2 L N :'
,2007.
ATTEST:
DW~ES'~()t::K, Clerk
~W~r~CcLS(L; he
Atte, t ' "!' .,; ,', Deputy Clerk
s ~s '~,{;haltua ,
SjQ~ureon'l. .,'
.'
Approved a$to form
and I al su ficie cy-
BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA
By d~~
, an
VI ~
Jeffrey . Klatzk >J
Manag p.g Assist ) County Attorney
CU.2005.AR-8900/CV/sp
Attachments:
Exhibit A: Collier County Planning Commission Findings of Fact
Exhibit B: Legal Description
Exhibit C: Conditional Use Conceptual Site Plan
Exhibit D: Conditions of Approval
Page 2 of2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(
CU-2005-AR-89OQ
The following facts are found:
1. Section 2.04.03, Table 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 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 ingress ~ egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~o 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) be
recommended for approval to the Board of Zoning Appeals.
CHAIRMAN:
(
DATE: L{,...-(~-.::>'1
exHIBIT A
(
FINDING OF FACT
BY
. COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 ~istrict or neighborhood because
of:
A.
Consistency with ~Land Development Code and Growth Management Plan:
YesL 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 -..L- No_
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effectsy
-L 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 stipulati~,.. copy
recommended for approval to the Board of Zoning Appeals.
DATE: ...je-II-o?
,
MEMBER:
J? / r {/ /tl/ur'j-7'
I<'d'-t>~'
(
EXHIBIT A
I ,
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 IC No
B.
Ingress and egress to property and proposed structures thereon with particular
referenCCl 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:
.K 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
YesE No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
Lr- (~-O? MEMBE~-~ ~ -?~ _"
-
DATE:
(
EXHIBIT A
,i,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
(
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 properly and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of rITe or catastrophe:
(
Adequate ingress)t egress
Yes-..i No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effecy
~ No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible us7in district
Yes_ No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~
(
DATE:
ExHIBIT A
. " 1
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 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 ingress & egress
YesL No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-.L 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 fmdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 4.1'1. () 7
MEMBER:
J:~
(
EXHIBIT A
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 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 ingress & egress
Yes /No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
l/ 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.....J No_
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:--=Ljl'1 jOl MEMBE::~
(
EXHIBIT A
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
I. Section 2.04.03, Table 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 withJhe 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 catastrophe:
(
Adequate ingress & egress
Yes / No
C.
Affects neighboring properties in relation to noise, glare, economic or odor
effec,
---' 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, .th stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeal . . ~
DATE: MEMBER: ,{..v\tf.
EXHIBIT A
(
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-200S-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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:
Yesvl 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 or odor
effects :
..J 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 Ii No
Based on the above findings, this conditional use should, with s pulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: tfri,h
MEMBER:
(
EXHIBIT A
, ,
(
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-8900
The following facts are found:
1. Section 2.04.03, Table 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 V No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
(
DATE: 1/17/01
f
MEMBER: A/h1ntt-, (J tfL. ~
EXHIBIT A
LEGAL DESCRIPTIONS
Folio #00435880002
The South 264 feet ofthe North 462 feet of the West Y, of the West Y, of the SW y, of the
SE y, of Section 23, Township 50 south, Range 26 East, Collier County, Florida.
Folio #00435920001
The North Y, of the West Y, of the West Y, of the SW y, of the SE y, of Section 23,
Township 50 South, Range 26 East, Collier County, Florida, less the North 462 feet; the
Easterly 30 feet reserved for an Ingress and Egress Easement and utility purposes which
Easement is hereby granted to all future owners of property situated, lying and being in
the W Y, ofSW y, ofSE Y, of Section 23, Township 50 South, Range 26 East, Collier
County, Florida.
EXHIBIT B
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CONDITIONS OF APPROVAL
CU-2005-AR-8900
I. The use is limited to what is depicted on the conceptual site plan identified as "Conditional
Use 2005-AR-8900 Conceptual Plan" prepared by Q. Grady Minor and Associates, P.A.,
dated October, 2006, except as further conditioned below.
2. No variances from any LDC requirements have been granted as part of the acceptance of the
subject site plan.
EXHIBIT 0