Resolution 2007-298
RESOLUTION 07 - 298
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER CU-2005-AR-8748, DENYING A
CONDITIONAL USE FOR EARTH MINING IN THE
RURAL AGRICULTURAL "A" ZONING DISTRICT, FOR
PROPERTY LOCATED AT 2060 TOBIAS STREET IN
SECTION 22, TOWNSHIP 49 SOUTH, RANGE 27 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 to allow
excavation in excess of 4,000 cubic yards in the Rural Agricultural "A" Zoning District on the
property hereinafter described; and
WHEREAS, the Collier County Planning Commission forwarded the petition to the
Board of Zoning Appeals without a formal recommendation however, the Finding of Fact
(Exhibit A) identifies inconsistencies with the Growth Management Plan and incompatibility
with the surrounding Panther Primary Merit Zone; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals 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:
For the reasons set forth in the record, the Petition filed by Alan Roseman of Q. Grady
Minor & Associates, P.A., representing Ashraf Fawzy, with respect to the property hereinafter
described in Exhibit B, be the same is hereby denied for a Conditional Use for earth mining and
excavation in excess of 4,000 cubic yards in the Rural Agricultural "A" Zoning District.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Page lof2
This Resolution adopted after motion, second and majority vote, this 23rd day of
October, 2007.
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
__c__
By J40~&
.a~~.~l~Jf~~~~/e'r?C .
$tguUn oal"
Ap oved as to form and
leg su i 'en y:
atzkow
SSIS nt County Attorney
Page 2 of 2
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
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 properly or uses in the same district or neighborhood because
of:
)
Consistency with the LaniD velopment Code and Growth Management Plan:
Yes No '.
A.
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:
B.
Adequate ingress & egress
Yes / No
C. '.Affects neighboring propelties in relation to noise, glare, economic or odor
effects:
_ No/ect or _ Affect mitigated by
. Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within di7'tric
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: 8 Z 0 ~N:~ y,
)
EXHIBIT A
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-200S-AR-8748
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. C(Jnsistency with the Land Development Code and Growth Management Plan:
Yes.1- No_
B.
Ingress and egress to property and proposcd 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
effects:
.x 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 stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
/
-~
CHA~
)
DATE: f ')~()7
----
EXHIBIT A
I
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
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 atlect other property or uses in the same district or neighborhood because
of:
)
A.
Consistency with t~and Development Code and Growth Management Plan:
yes.L 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 acces ,in case of fue or catastrophe:
Yes
Adequate ingress
No
C. ,Affectll ne'ghboring properties in reIation 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:
Compatibie tlSe W~istrict
. yes,L No_
Based on the above fll1dings, this eonditional use should, with stipulations, (cop-yart
recommended for approval to the Board of Zoning Appeals.
DATE:
)
,y-3 ~O?
"
ONT.mf.! ~hl:
EXHIBIT A
;&J beT
V/?A/O.?-~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-200S-AR-8748
TIle 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 distriet or neighborhood because
of:
B.
Consistency with the Land Development Code and Growth Management Plan: ,
. C6/1-,L-L ~dK'.-) '~,l,"~'-1Jo.)6rw?xD't.~r,-:j.'''~,'''1\l
Yes No 1/ j'0C.f>,/L- feV) i.'l.i z'.:?. . . .
('" ,., ,-",,^-, j v.J' 'h__ :5'?ilf'vQ...f)"", 4l /L'CLV r.e,
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:
A.
)
Adequate ingress & egress
Yes No'y~
I~':' 1~ 11 IltW1v! ("l(,J I""j /:o/,-.J <.: ,......5 ,J, J5
C. Affects neighboring propelties in relation to noise, glare, 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 within district '5",.,)')..,'7 I ,~,J J( J\' ko,,,)...J f,y tf.r~~r:,)l,^--
D~' .e.Y(:>V.~';- IJ.0
Yes No 1// r
Ci.J>UCQ.0V' O"'-'-c.. -:'::>cU.:.ll'lC,;.,) A1i-" c'f5 c' r-
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
)
DATE: ~ . L .-0}
CHAIRMAN:.M A~~-~
\ .
EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005~AR-8748
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 01' uses in the same district or neighborhood because
of:
B.
Consistency with the Land Developm~t ~!cie and Z;/';;ttManagement Plan:
vi /J~fJf/. .s'e}J):,/lUc;' - /tJ 6/V/().
Yes NO~' h)t.y /:l/JM CUhlc- y'D. drp1J/t. &Xf}AUffT7tlAJ
Ingress and egress to property and proposed structures thereon with p8.J.ticular
. reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fIre or catastrophe:
A.
)
Adequate ingress & egress
Yes No I
C. . Affect.s 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
P J+)J -rHt:::?2- tlltl6rrWr
Yes No~
Based on the above fIndings, tins conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
)
DATE: J/.? It!'!
I I .--
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
ClJ-2005-AFt-8748
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 propcrty or uSes in the same district or neighborhood because
of:
A. COrisistency with the Land Development Code and Growth Management Plan:
yes./ No
B.
Ingress and egl'CSS to property and proposed structures thereon with palticular
. reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
)
Adequate ingress & egress
Yes ,j No
C. '. ;Affects neighboring properties in relation to noise, glare, economic or odor
effects: .
/ No affcct or. _ Affect mitigated by
_ Affect cannot be mitigated'
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
YesJ No
)
Ii
. ff
Based on the above. [mdings, this conditional use should, with sti'ltlations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
4#1 \.
)~. -
DATE: . ____ . -eBmKlVlAN: \. . .
.' M (Jt\~-0 \~jtbD :"K.f.l W. t U'L-/
; EXHIBIT A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-8748
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 propelty or uses in the same district or neighborhood because
of:
A.
Consistency with the Lan7verc;pment Code and Growth Management Plan:
l'es No .
B.
Ingrcss and cgress to property and proposed structures thereon with paIticular
reference to automotive and pedestrian safety and convenience, traf'fic flow
and control, and access in case of fire or catastrophe:
_J
Adequate ingress & egress /
Yes No /
C. .' Affects neighboring properties in relation to noise, glare, economic or odor
effeets:
/
_ No~cG'r _ Affect mitigated by
_ Affcct cannot be mitigated' .
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district /.
. l'es No /
)
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
~ .~~~/
EXHIBIT A ~
DATE:
y~) ~()?
)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-200S~AR-8748
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 propelty or uses in the same district or neighborhood because
of:
Based on the above [mdings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning APP~
DATE:~J()I] lok .
~ .CJ~~ ___
)
)
A.
Consistency with ,e Land Development Code and Growth Management Plan:
~~~ '.
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 r/ 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./' No
EXHIBIT A
,': '
" .'
.
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FAWZY AQUACULTURE
PROPERTY DESCRIPTION
~
0-
E
~ THE WEST 1/2 OF THE NORTH 1/2, OF THE SOUTH 1/2, OF THE NORTH 1/2,
C; OF THE SOUTH 1/2. OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF,
.0. DEDICATED FOR ROAD PURPOSES: AND THE WEST 1/2 OF THE SOUTH 1/2, OF THE SOUTH 1/2,
c3:. OF THE NORTH 1/2. OF THE SOUTH 1/2, OF THE NORTHEAST 1/4: LESS THE WEST 35 FEET THEREOF,
\5 DEDICATED FOR ROAD PURPOSES: AND WEST 1/2 OF THE 'NORTH 1/2, OF THE NORTH 1/2, OF
-;;; THE SOUTH 1/2, O~ TKE SOUTH 1/2, OF THE NORTHEAST 1/4; LESS THE WEST 35 FEET THEREOF, DEDICTED
. --' . .
.9 FOR ROAD PURPOSES, ALL LYING AND BEING IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 27 EAST
0.. .
COLLIER COUNTY,FLORDIA.
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EXHIBIT B.