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Resolution 1996-404 SEP - 3 1996 RESOLUTION 96- 404 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A MAINTENANCE FACILITY CONDITIONAL USE "ESSENTIAL SERVICES" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.6.9.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25, 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 entorce zoninq and such business regulations as are necessary tor the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) 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 Collier County Planning Commission, 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 conEidered the advisability of Conditional Use "Essential Services" of Section 2.6.9.2 in an "Atl zone for a maintenance facility, which may include buildings, fuel facilities, vehicle parking and maintenance facilities and equipment storage and maintenance facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "An) 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 the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meating 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: .J( aGO "'[ 139 -1- SEP - 3 1996 The petition filed by Alan D. Reynolds of Wilson, Miller, Barton and Peek, Inc. representing the Collier County Office of Capital Projects Management with respect to thp. property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "Essential Services' of Section 2.6.9.2 of the "A" zoning district for a maintenance facility in accordance with the Conceptual Master Plan (Exhibit "CO) and subject to the following conditions: 1. Due to the intensity of vehicular use and maintenance associated with this site, and the possible fuel storage and dispensing facilities, the petitioner is encouraged to incorporate special precautions into the design of the facility to preclude any possibility of surface water or groundwater contamination. 2. Stormwater outfall shall be to the west toward Golden Gate Canal. If stormwater discharge is southerly through the landfill site, through an open swale, then the petitioner shall perform quarterly monitoring at the southern most point of the swale and submit the monitoring reports to the Collier County Pollution Control Department. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and south Florida Water Management District (SFWMD) shall be presented prior to final site development plan approval. 4. EnvironMental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be SUbject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 5. Buffer zones which extend at least fifteen (15) feet landward from the edge of wetland preserves in all places and average twenty-five (25) feet from the landward edge of wetland preserves shall be reguired at the time of site development plan approval. 6. All jurisdictional wetlands and/or mitigation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat, or by separate instrument, with protective covenants per or similar to Section 704.06 of the Florida Statutes, prior to site development plan approval. 7. At the time of site development plan submittal, the petitioner shall meet the guidelines of the U. S. Fish and Wildlife service (USFWS) regarding potential red- cockaded woodpecker issues on site. IOD( OOO"d40 -2- I , I'; , l. , I I SEP - 3 1996 8. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the miniuum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 9. The proposed access from Garland Road shall be for emergency use only. 10. Prior to issuance of the first certificate of occupancy, Landfill Road shall be brought up to Land Development Code requirements, trom County Road 951 to the proposed entrance road. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainutea of this Board. Commissioner MattheW's offered the foregoing Resolution and moved tor its adoption, seconded by Commissioner Constantine and upon roll call, the vote was: AYES: Commissioner Matthewsl Commissioner Constantine, Commissioner Hancock~ Commissioner Hat'Kie, and commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 3rd September I 1996. day of BOARD OF ZONING APPEALS COLLIER COUNTY, FRIDA .' ATTES'Jl: DIITGHT. t. BROCK.. cLERK t- . "'''' . ".,' '.: ~. ~i'~~~~1iJ:j,Lt ASSISTANT CdriNTY ATTORNEY CU-96-8 RESOLUTION/17257 !no( flOO,v.r141 -3- l , 1: , , , . ! ; i I SEP - 3 1996 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-8 The following facts are found: 1. Section 2.6.9.2 of the Land Devlopment 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 ingre~' 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 ~ No Based on the with stipulations, (copy recommended for approval DATE: 1/''{)'1l / ' CHAIRMAN: ~ II f..~ FINDING OF FACT CHAIRMAN/17260 EXHIBIT "A" MOK 000 rAC' 142 . I ~ r SEP - 3 19~ 0.' !,"" . . .,.....; . . ~ I "~', ,., .~ " LEGAL OEseR I PT I ON , :....L~~ THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA LESS THE NORTH 30 FEET. . ALONO WI TH .. . ,", . r.~:::\~::: ;," " 'I :f., I _ "" :f,l ~:1'!~1 .."..~~ . ,"'...,,:~.. .; ,;,. ~\ ~~;~. THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTIOH 25. TOWNSHIP 49 SOUTH. RANOE 26 EAST. COLLIER COUNTY. FLORIDA ~ CONTAINIHO 61.15 ACRES MORE OR LESS. ',.,. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ~.:A~. .: '.. EXHIBIT "B" &OO~ 000 W.' 143 1&- . . . , . . ' I', 'I' , . I' . . . .wn-~.. -- "C'