Resolution 1999-236RESOLUTION 99- 23.6
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF NON-COMERCIAL BOAT LAUNCHING FACII.ITIES
CONDITIONAL USE I 1N IHE RSF-4 ZONING DISTRICT
PURSUANT TO SECTION 2.2.4.3. OF THE COI.LIF. R
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
I,OCATED IN SECTION 5, TOWNSItIP 48 SOUTH, RANGE
25 EAST. COLLIER COUNTY, FLORIDA.
WIIEREAS. the Legislature of the State of Florida in Chaplcr 67-1246. l.aws of Florida, and
Chapter 125, Florida Statutes. has conferred on ('triller County the power to cs~ablish, coordinate
enforce zoning and such business regulations as arc necessary for thc protection ol' thc public; and
WtfEREAS, the County pursuan! therelo has adopled a I.and Devclopmcnl Code (Ordinance
No. 91-102} which includes a Comprehensive Zoning Ordinancc establishing regulations Ibr Ibc
zoning of particular geographic divisions of the ('ounty, among which is the granting of Conditional
Uses; and
WHEREAS. thc Collier County Planning Commission. being thc duly appomlcd and
constituted planning board for thc area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Usc 1 of Section
2.2.4.3. in an RSF-4 Zone for Non-commercial boat launching facilities on thc property hereinafter
described, and has found as a matter of fact (Exhibil "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 thc Collier County Planning Commission; and
WHEREAS, all interested parties have been given opporlunity 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 Z()NING APPEALS of
Collier County, Florida that:
Thc petition filed by Collier Count>' Dcvclopmcnt and Environmental Services Division
representing tim Board of County Commissioners with respect to the property hcrcinaltcr described as:
Lots I through I 1, Block "H", Little Hickory Shores, Unit #3 Re-Plat, as recorded in
Plat Book 3, Page 97, Official Records of Collier County.
be and the same is hereby approved for Conditional Use I of Section 2.2.4.3. of thc RSF-4 Zoning
District for Non-commercial boat launching facilities subject to thc following conditions:
All boat docks erected on the subject lots shall comply with the requirements of Section
2.6.21. of the Land Development Code.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes o£this Board.
This Resolution adopted after motion, second and majority vote.
Done this .__/1,,~:::6 day of ~:~~. 1999.
~,ttest 15 te Chatrma~
s :~natur¢ only.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPI~,ALS
COLLIE~COUNTY. FLORII)A /
~.q. MAPAMELA S. MAC'KiE. CI/ai~voman
Approved as to Form and
Legal Sufficicni:y:
Marjo/qe M. Student
Assistant County Attorney
f,('l/.9~la~l RILNOI.UllON
FINDING OF FACT
BY
~'~'ER-.~ COb~TY PLAN~ING COMMiSSiC~
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
Section 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:
C o
Consistency with the Land Development Code and Growth
Management Plan:
Yes '~ No
ingress and egress to property and proposed structures
therecn with particular reference ~o automotive and
pedestrian safety and convenience, trafric flow and
control, and access in case of fire or ~'atastrophe:
Adequate ingress & egress
Yes ./~ No
Affects neighboring properties in relatzon to noise,
g~, 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 w~in district
Yes~]~ No
Based on the above findings, this conditional use should, with
stipulatio~ (copy..attached)
approval ~ia/~~) .
<should not) be recommended for
f/FINDING OF FACT. CHAiRM~%/~/
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PI2%NNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
4
CU-99-04
The following facts are found:
Section 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
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 reia~ion to noise,
glare, 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
stipulations, (copy attached) (should not) be recommended for
approval
DATE: f ' /.3' ' ~
f/FINDInG OF FACT ~/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
Section 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 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 ingress & e~eS~
Yes ~./ No
Affec~s~heighboring properties in relation %0 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
Based on the above findings, this conditional use should,
with
stipulations, (copy attached) ,'should not) be recommeDded-- for
approval ~/~'~ - /
DATE:
/ / ,
PACT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
i. Section 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:
A0
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~.: No
C 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 z~ No
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).b~/ec~ended for
approval /
DATE: ~/--/b~'-?~ MEMBER: .,-'h~, .~,~-?' ?'
,.~ ,/ //' '
f/FINDII4~ OF FA~T
FINDING CF FACT
COLLIER COUNTY PLightING ~MiMI csiON
FOR
A CCN-DiTIONA~ USE PETITION
FOR
CU-99-04
The following facts are found:
Section cf the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
.ec~ other property
public interest and will not adversely al' "
cr uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management
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 cf fire or
catastrophe: ~_r
Ade.~uate ingress & ess
Yes ~- Nc
Affects neighboring Drcpert~es in relat'cn tc noise,
glar,~ economic or odor effects:
No affect or Affect mitlgated ky
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use,/~thin district
Yes v No
Based on the above findings,
stipulations, (copy attached)
approval
thi,s conditiJpnal use should, with
~-),)be rec~/~nded ~r
" >.2 , . I' ," ' ' / ,I
4
Fif~DiNG OF FACT
BY
COLLIER COb74TY PLANNING COMMISSION
FOR
A CO~VOITiONAL USE PETITION
FOR
CU-99-04
The following facts are found:
Section 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 ko
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes / No
Affects nelghboring properties ~.n rela~-:on ~_o noise,
glare, economic or odor effects:
×~ No affect or Affect mitigated Dy
Affect cannot be mitigated
D o
Compatibility with adjacent properties and other
property in the district:
Compatible use wk~hin district
Yes ~,..,-'~" NO
Based on the above findings, this conditional use should, with
stipulations, icopy attached) ~(~.sh~ho--dt) be recommended for
approval --
f/FINDINO Ol' ~ACT
FI}~ING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
Section 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:
A0
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
Affects neighboring properties in relation %o 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 No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: MEMBER: / /
FINDING OF FACT
BY
COLLIER COU~;TY PLANNING CC~3~.iSSION
FOR
A CONDITIONAL USE PETiTiON
FOR
CU-99-04
The fcilowing facts are found:
Section cf the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
~ ' ~ic ~~ other property
~uD_ interest and will not adversely ~=_~
cr uses in the same district or neighborhood because of:
Ao
Consistency with the Land Deveic~ment Ucde and
Growth Management P~,n:
Yes No
ingress and egress to ~roper:y and prc~=sed
structures thereon with particular reference tc
automotive and pedestrian safety and ccnven=ence,
traffic flow and control and access in ~ase ~f =~= or
catastrophe:
Adequate ingress & .e~;ess
Yes ~,' No
Affects neighboring properties ~n reia%~on 5c noise,
gl~r~, economic cr odor effecKs:
No affect or Affect mitigated ky
Affect cannot be mitigated
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
stipulations, (copy attached) (should not) be recommej%~ed for
approval
f/FINDIN~ OF FA~T M~MBER/
' m' , ?INDING OF FACTBY
COLLIER COUNTY PLANNING COMM!SSi~N
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-04
The following facts are found:
Section 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:
B 0
Consist°ency with the Land Development Code and
Growth Manage_glerl~ .Plg~n:
Ge'__)¥ 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:
ingre _ &.~ess
Adequate ~__~___No
Affe~ neighboring properties in relatlon ~o noise,
,g~2~ e~A~c or odor effects:
Go affec_~ or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adj,%cent properties and other
property in the dist]~fct:
Compatib~L~ithin district
Based on the above findings, this conditional use _s. hould, with
stipulations, (copy at_-ta~he~-~be recommended for
approval ,4PP~V~
f/FIND]2}~(] OF FAL~T