Resolution 2021-137 RESOLUTION 2021 - 13 7
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO A
REQUEST FOR A VARIANCE FROM SECTION 4.06.02.0
TABLE 2.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH REQUIRES A 20 FOOT
LANDSCAPE BUFFER ALONG ROAD RIGHT-OF-WAY
AND A 10 FOOT LANDSCAPE BUFFER ABUTTING
ADJACENT AGRICULTURAL PROPERTY TO ALLOW
NO BUFFER ON THE PERIMETER OF THE PROPERTY,
TO BE MITIGATED BY SUPPLEMENTARY NATIVE
PLANTINGS ALONG PORTIONS OF SR 29, FOR THE
IMMOKALEE SOLAR PROJECT, WHICH PROPERTY IS
IN THE AGRICULTURAL-MOBILE HOME OVERLAY
RURAL LANDS STEWARDSHIP AREA OVERLAY (A-
MHO RLSAO) ZONING DISTRICT AND LOCATED ON
THE EAST SIDE OF THE INTERSECTION AT SR 29 AND
SR 82 IN SECTIONS 4, 9 AND 16, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
[PL20200002161]
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 (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance
to remove the required landscape buffers around the perimeter of the property, described in
Exhibit "A", in the Agricultural-Mobile Home Overlay Rural Lands Stewardship Area Overlay
(A-MHO RLSAO) Zoning District 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 9.04.00 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.
[20-CPS-02058/1630940/1]77
Immokalee Solar/VA-PL20200002161 Page 1 of 2
5/10/21
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number VA-PL20200002161 filed by Lindsay Robin, MPA and Alexis Crespo,
AICP with Waldrop Engineering, P.A. on behalf of Florida Power and Light Company with
respect to the property described hereinafter on the attached Exhibit"A."
Be and the same hereby is approved for a variance from Section 4.06.02.0 Table 2.4 of
the Land Development Code to remove the required landscape buffers around the perimeter of
the property, as shown on the attached Exhibit "B", in the zoning district wherein said property is
located and subject to the conditions in Exhibit "C". Exhibits "A", "B" and "C" are attached
hereto and incorporated herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
ct
This Resolution adopted after motion, second and majority vote this . �t day of
June— , 2021.
ATTEST: BOARD OF ZONING APPEALS
CRYSTAL INZEL, CLERK COLLIER TY, FLORIDA
By: f �1, By:
efility Clerk envy Tay , Chairma
, ttestas to C ,
signature only,
Approved as to form and legality:
1 5.
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Legal Description
Exhibit B —Conceptual Site Plan
Exhibit C—Conditions of Approval
[20-CPS-02058/1630940/1 J77
Immokalee Solar/VA-PL20200002161 Page 2 of 2
5/10/21
Exhibit A
LEGAL DESCRIPTION OF LANDS SURVEYED:
A parcel of land being a part of Sections 4, 9, and 16, Township 46 South, Range 29 East, Collier
County, Florida,
Being more particularly described as follows:
Commencing at the Southwest corner of said Section 16; thence N89°05'11"E, along the south line
of the southwest'/4 of said section 16, a distance of 2650.16 feet to the east line of the southwest%
of said Section 16; thence N00°37'45"W, along said east line, a distance of 893.57 feet to the POINT
OF BEGINNING; thence departing said east line, run S75°20'01"E, a distance of 663.02 feet; thence
S75°55'51"E, a distance of 80.66 feet; thence S73°16'08"E, a distance of 59.89 feet; thence
N24°20'38"E, a distance of 46.79 feet; thence N00°11'01"E, a distance of 166.98 feet; thence
N65°09'07"W, a distance of 354.49 feet; thence N57°16'10"W, a distance of 222.58 feet; thence
N43°09'13"W, a distance of 160.98 feet; thence N27°43'02"W, a distance of 223.14 feet; thence
N26°53'04"W, a distance of 181.96 feet; feet to aforesaid east line of the southwest'/4 of Section 16;
thence departing said east line, continue N26°53'04"W, a distance of 196.53 feet; thence
N29°23'47"W, a distance of 172.09 feet to a point on a non-tangent curve with a radius of 180.15
feet, concave to the east; thence northwesterly along said curve to the right through a central angle
of 59°54'32", a distance of 188.36 feet where the chord bears NO3°11'40"W a distance of 179.90
feet to the point of intersection with a non-tangent line; thence N23°39'31"E, a distance of 84.45 feet;
thence N26°18'30"W, a distance of 238.04 feet; thence N60°35'03"W, a distance of 32.45 feet;
thence S60°53'17"W, a distance of 82.09 feet; thence S82°21'35"W, a distance of 154.36 feet;
thence N85°55'54"W, a distance of 100.73 feet; thence N76°01'53"W, a distance of 171.69 feet;
thence N72°4410"W, a distance of 162.49 feet to a point on a non-tangent curve with a radius of
334.58 feet, concave to the northeast; thence westerly along said curve to the right through a central
angle of 54°01'23", a distance of 315.47 feet to the south line of the northwest '/4 of aforesaid
Section 16 (where the chord bears N42°10'17"W a distance of 303.91 feet to the point of intersection
with a non-tangent line); thence departing said south line, run N12°10'48"W, a distance of 34.67 feet;
thence N01°44'38"W, a distance of 315.28 feet; thence NO3°16'14"W, a distance of 234.59 feet;
thence N54°58'48"W, a distance of 141.82 feet; thence S66°23'57"W, a distance of 130.52 feet to a
point on a non-tangent curve with a radius of 337.03 feet, concave to the north; thence
southwesterly along said curve to the right through a central angle of 59°55'46", a distance of 352.52
feet where the chord bears N85°02'20"W a distance of 336.67 feet to the point of intersection with a
non-tangent line; thence N42°17'26"W, a distance of 81.24 feet; thence N39°29'03"W, a distance of
183.00 feet; thence N40°26'22"W, a distance of 157.67 feet; thence N47°00'34"W, a distance of
139.93 feet to a point on a non-tangent curve with a radius of 287.61 feet, concave to the east;
thence northwesterly along said curve to the right through a central angle of 71°48'29", a distance of
360.46 feet where the chord bears N04°19'28"W a distance of 337.33 feet to the point of intersection
with a non-tangent line; thence N46°28'03"E, a distance of 124.92 feet; thence N51°19'36"E, a
distance of 124.92 feet to a point on a non-tangent curve with a radius of 346.99 feet, concave to the
south; thence northeasterly along said curve to the right through a central angle of 57°02'26", a
distance of 345.44 feet where the chord bears S87°47'38"E a distance of 331.35 feet to the point of
intersection with a non-tangent line; thence S44°38'05"E, a distance of 384.44 feet; thence
S32°07'41"E, a distance of 185.42 feet; thence S26°29'56"E, a distance of 106.41 feet; thence
S16°41'39"E, a distance of 97.52 feet; thence S11°15'06"W, a distance of 64.58 feet; thence
S51°38'18"E, a distance of 174.02 feet; thence N58°59'56"E, a distance of 95.19 feet; thence
N66°50'39"E, a distance of 102.19 feet to a point on a non-tangent curve with a radius of 226.62
feet, concave to the south; thence easterly along said curve to the right through a central angle of
60°07'16", a distance of 237.80 feet where the chord bears S81°47'06"E a distance of 227.04 feet to
the point of intersection with a non-tangent line; thence S58°23'44"E, a distance of 118.23 feet;
thence S49°00'58"E, a distance of 159.00 feet; thence S29°30'33"E, a distance of 210.80 feet;
thence S26°48'25"E, a distance of 439.41 feet; thence S21°07'20"E, a distance of 42.79 feet; thence
1 of 4
S01°54'46"W, a distance of 15.86 feet to aforesaid south line of the northwest '/4 of Section 16;
thence departing said south line, continue S01°54'46"W, a distance of 101.19 feet; thence
S28°03'10"E, a distance of 226.25 feet to aforesaid east line of the southwest%of Section 16;
thence departing said east line, run S28°00'26"E, a distance of 99.95 feet; thence S89°48'40"E, a
distance of 54.82 feet; thence S66°14'26"E, a distance of 196.18 feet; thence S57°52'50"E, a
distance of 294.12 feet; thence S45°37'09"E, a distance of 423.70 feet; thence S31°19'19"E, a
distance of 327.77 feet; thence S37°05'37"E, a distance of 60.5E feet; thence N80°36'14"E, a
distance of 95.15 feet; thence N88°08'24"E, a distance of 282.49 feet; thence S61°38'14"E, a
distance of 207.86 feet; thence S09°59'57"E, a distance of 320.20 feet; thence S11°53'31"E, a
distance of 279.08 feet; thence S62°47'07"E, a distance of 77.50 feet; thence S75°15'51"E, a
distance of 883.29 feet; thence NOO°38'44"W, a distance of 1864.68 feet; thence S51°03'41"W, a
distance of 115.91 feet to a point on a non-tangent curve with a radius of 292.21 feet, concave to the
northeast; thence southwesterly along said curve to the right through a central angle of 105°47'48", a
distance of 539.57 feet where the chord bears N65°09'57"W a distance of 466.11 feet to the point of
intersection with a non-tangent line; thence N16°45'04"W, a distance of 173.47 feet; thence
NOO°37'25"W, a distance of 48.87 feet to the south line of the northeast '/4 of Section 16, thence
departing said south line, continue NOO°37'25"W, a distance of 29.69 feet to a point on a non-
tangent curve with a radius of 135.93 feet, concave to the southwest; thence northerly along said
curve to the left through a central angle of 60°09'32", a distance of 142.73 feet where the chord
bears N22°37'15"W a distance of 136.26 feet to the point of intersection with a non-tangent line;
thence N58°07'50"W, a distance of 516.62 feet; thence N60°58'32"W, a distance of 54.63 feet to a
point on a non-tangent curve with a radius of 112.22 feet, concave to the south; thence
northwesterly along said curve to the left through a central angle of 60°15'25", a distance of 118.01
feet where the chord bears N83°31'49"W a distance of 112.65 feet to the point of intersection with a
non-tangent line; thence S74°42'31"W, a distance of 145.11 feet to a point on a non-tangent curve
with a radius of 380.90 feet, concave to the northeast; thence westerly along said curve to the right
through a central angle of 59°54'38", a distance of 398.28 feet where the chord bears N62°32'13"W
a distance of 380.39 feet to the point of intersection with a non-tangent line; thence N24°42'10"W, a
distance of 277.56 feet; thence N30°15'20"W, a distance of 132.74 feet; thence N40°28'47"W, a
distance of 112.93 feet; thence N41°30'42"W,a distance of 393.81 feet; thence N27°09'40"W, a
distance of 812.57 feet; thence N47°41'01"W, a distance of 81.72 feet to the east line of the
northwest' of said Section 16; thence departing said east line, run N47°45'02"W, a distance of
793.37 feet; thence S89°17'09"W, a distance of 787.79 feet; thence N14°36'16"W, a distance of
35.37 feet to the south line of the southwest'/4 of said Section 9; thence departing said south line;
thence N24°46'59"W, a distance of 187.13 feet; thence NOO°59'49"W, a distance of 421.04 feet;
thence N12°00'S1"W, a distance of 176.45 feet; thence N19°15'03"W, a distance of 175.51 feet;
thence S78°29'00"W, a distance of 173.54 feet; thence S87°20'35"W, a distance of 106.34 feet;
thence N67°17'58"W, a distance of 183.95 feet; thence N58°48'58"W, a distance of 208.56 feet to a
point on a non-tangent curve with a radius of 310.99 feet, concave to the east; thence northwesterly
along said curve to the right through a central angle of 60°00'27", a distance of 325.71 feet where
the chord bears N06°27'09"W a distance of 311.03 feet to the point of intersection with a non-
tangent line; thence N44°25'54"E, a distance of 219.41 feet to a point on a non-tangent curve with a
radius of 386.01 feet, concave to the south; thence northeasterly along said curve to the right
through a central angle of 60°11'16", a distance of 405.50 feet where the chord bears S89°30'14"E a
distance of 387.11 feet to the point of intersection with a non-tangent line; thence S50°21'03"E, a
distance of 142.88 feet; thence S31°09'57"E, a distance of 146.21 feet; thence S19°05'08"E, a
distance of 233.59 feet; thence S16°02'13"E, a distance of 209.04 feet; thence S17°29'29"E, a
distance of 227.30 feet; thence S59°43'57"E, a distance of 161.60 feet; thence S44°57'50"E, a
distance of 152.29 feet; thence S78°33'33"E, a distance of 63.17 feet; thence N84°04'34"E, a
distance of 115.72 feet; thence S83°57'49"E, a distance of 121.00 feet to a point on a non-tangent
curve with a radius of 72.07 feet, concave to the northwest; thence easterly along said curve to the
left through a central angle of 59°32'26", a distance of 74.90 feet where the chord bears
N57°25'32"E a distance of 71.57 feet to the point of intersection with a non-tangent line; thence
2 of 4
N07°00'55"E, a distance of 74.47 feet; thence N22°51'25"E, a distance of 124.02 feet; thence
N36°27'33"E, a distance of 232.68 feet; thence N54°53'24"E, a distance of 274.99 feet; thence
N64°07'04"E, a distance of 153.09 feet; thence N00°52'43"W, a distance of 403.18 feet; thence
N88°54'48"E, a distance of 115.19 feet to the east line of the southwest'/4 of Section 9; thence
departing said east line, run N88°54'48"E, a distance of 183.21 feet; thence N00°48'36"W, a
distance of 759.02 feet; thence N68°23'03"W, a distance of 64.52 feet; thence N54°59'17"W, a
distance of 149.10 feet to aforesaid east line of the southwest'/4 of Section 9; thence departing said
east line, N54°59'17"W, a distance of 480.61 feet; thence S75°46'20"W, a distance of 374.76 feet;
thence N88°35'50"W, a distance of 166.43 feet; thence N45°29'35"W, a distance of 222.14 feet to
the south line of the northwest %of said Section 9; thence departing said south line, run
N45°32'03"W, a distance of 351.59 feet; thence N31°54'09"W, a distance of 209.90 feet; thence
N22°17'55"W, a distance of 323.94 feet; thence N17°37'56"W, a distance of 138.86 feet to a point on
a non-tangent curve with a radius of 298.99 feet, concave to the east; thence northerly along said
curve to the right through a central angle of 60°00'00", a distance of 313.10 feet where the chord
bears N12°37'33"E a distance of 298.99 feet to the point of intersection with a non-tangent line;
thence N48°46'26"E, a distance of 377.70 feet; thence N54°12'46"E, a distance of 240.92 feet;
thence N58°31'38"E, a distance of 134.18 feet; thence N85°48'47"E, a distance of 59.56 feet; thence
S83°16'43"E, a distance of 576.57 feet; thence N01°28'07"W, a distance of 734.95 feet; thence
N41°08'30"W, a distance of 620.76 feet to the south line of the southwest%of said Section 4;
thence departing said south line, run NO2°52'53"W, a distance of 524.65 feet; thence N35°32'28"W,
a distance of 248.76 feet; thence N44°57'52"W, a distance of 70.03 feet; thence N85°22'41"W, a
distance of 129.08 feet; thence N81°24'25"W, a distance of 85.32 feet; thence N70°36'56"W, a
distance of 123.88 feet; thence N57°44'59"W, a distance of 249.10 feet; thence S86°31'53"W, a
distance of 262.02 feet; thence S16°13'27"W, a distance of 244.98 feet to a point on a non-tangent
curve with a radius of 159.87 feet, concave to the north; thence southwesterly along said curve to
the right through a central angle of 128°28'53", a distance of 358.50 feet where the chord bears
N86°03'03"W a distance of 287.97 feet to the point of intersection with a non-tangent line; thence
S89°11'36"W, a distance of 465.18 feet to the east right-of-way line of State Road 29; thence along
said east right-of-way line the following five (5) courses: thence S00°31'26"E, a distance of 761.64
feet to aforesaid south line of the southwest'/4 of said Section 4; thence S00°3816"E, a distance of
2734.95 feet to aforesaid south line of the northwest '/4 of said Section 9; thence continue
S00°38'16"E, a distance of 2734.05 feet to aforesaid south line of the southwest 1/4 of said Section 9;
thence continue S00°3816"E, a distance of 2738.75 feet to aforesaid south line of the northwest'/4
of Section 16, thence continue S00°3816"E, a distance of 1008.74 feet; thence departing said east
right-of-way line, run S79°08'44"E, a distance of 207.57 feet; thence S74°48'48"E, a distance of
113.82 feet; thence S07°03'21"W, a distance of 137.12 feet; thence S75°20'01"E, a distance of
2333.17 feet to the POINT OF BEGINNING.
Containing 25174520 square feet or 577.93 acres, more or less
LEGAL DESCRIPTION: Ingress - Egress Easement
A parcel of land being a part of Section 16, Township 46 South, Range 29 East, Collier County,
Florida,
Being more particularly described as follows:
Commencing at the Southwest corner of said Section 16; thence N89°05'11"E, along the south line
of the southwest'/4 of said section 16, a distance of 105.28 feet to the east right-of-way line of State
Road 29; thence N00°38'16"W, along said east right-of-way line, a distance of 1565.96 feet to the
POINT OF BEGINNING; thence continue N00°38'16"W, a distance of 51.84 feet; thence departing
3 of 4
said east right-of-way line, run S75°20'01"E, a distance of 307.48; thence S07°03'21"W, a distance
of 15.13 feet; thence S75°20'01"E, a distance of 50.00 feet; thence S14°38'34"W, a distance of
35.00 feet; thence; thence N75°20'01"W, a distance of 345.82 feet to the POINT OF BEGINNING.
Containing 16868 square feet or 0.39 acres, more or less
4 of 4
Exhibit B
—.... n,—.w—,,.,_o,-....., .,m:,miamr LOST SAVEn:,i,ono2, a..S,SS, PLOT o.h:si,2i 202
Ha b •
o o
ins ��, _ __m
----- --- _.,
�
V. ,
/ r 1
'/i0 s U — — • - • 4 _
/ ' p
•
/;'� • ———/ § o
lily/ / / /// / / / I -L-
•
- - - 1.
g
g
8
IA
m2 ,2. m . 9 4 o II
4 om5 A 8,o9p A: X 9 5 A L. A
m m •4 Kai m m2 � m K'^
5g 8rA _ a_• ;� 8 ri ,1
P
$R 1 g $ FPL IMMOKALEE DESIGN ENGINEER.
iI g g 4 1 SOLAR ENERGY CENTER
m ao g ;11
ti Q .sa. eggg FLORIDA POWER&LIGHT COMPANY Jacobs
9 < d53 ` °
"s a:°I IST:ATTIO�NNO.SAM R.M.COP.,201
Fuxuc+wo,m,r mwWEERw.a,*-.v,-o.o..-smnamsATm:,/ss/soa LAST SAVE:2/0M%1 By:Ruei PLOT DATE 3/1 0/sox i
IanoN 4)ug1an13 ,-
b `.'"rTYY rY PY 't YF fi'l (c...W0aN.a
11
- Ii5 $ ' rYV frfYWYT P
E F{
1p 11111F 11 diiffl J i a
z $
D 4\ . qq- 8
—E i%i \5,, -
z I
I
�
D L� � w
1 i Y s
- f. g 4
r>_. _ w -
a -
Z - ;
F.
iZ 7, - m
o - r. X $ F
oz.73 i a— __/ ,c5,
o -€ _ / —Da y m
z
- J -
n a
N = ba = m ° 6 A
f�Tl fNTI ' F
O
A g A Z v.
.1.
° der oI
z -
>' z
m
g Co) c
2 -
m _
v Y
c \
o g f a l _ o
OF 11,1
64
R J
E —
DESIGN MIKE,
a I g R a H° s FPL IMMOKALEE
1g iis SOLAR ENERGY CENTER
laii;
Q :I I
I`
ti g $��. - g � J FLORIDA POWER&LIGHT COMPANY acobs
v
P
n MT fppT,PE MOVE 3.
O 6 Q - y — — — RDAVOIL SOT/EISTPAT10HXO.RIM
rLamEca.nm
T NEV DATE RF/6pM OFSIXIRIOX
Exhibit C
CONDITIONS OF APPROVAL
1. Supplemental native plantings will be planted in locations shown on the Supplemental
Native Plantings Exhibit, Sheet C-100.
2. The supplemental plantings must consist of native species, proposed as red tip cocoplum
or Walter's viburnum, with installation specifications and spacing as shown on the
Supplemental Native Plantings Exhibit, Sheet C-100.
3. Site preparation must include removal of non-native vegetation that will compete with
newly planted plantings. Site preparation may be necessary to adequately prepare the site
for planting. Site preparation may include such activities as re-contouring, disking, roller
chopping, bush hogging, prescribed burning, herbiciding, or other recognized vegetation
management activities.
4. Fertilization and appropriate watering are required at time of planting as shown on
Supplemental Native Planting Exhibit, Sheet C-101
[20-CPS-02058/1630917/1]76