Resolution 1996-447
SEP 2 4 1998
HESOLUTION 96- 447
RELATING TO PETITION NO. CU-94-7(E) FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER L'ESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutee, 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 (Ordinance ~o. 91-102) which establishes comprehensive
zoning regulations for the zQning of particular divisions of the
County, among which is the g:::,anting and extending the time period of
Conditional Uses; and
WHEREAS, on September 2?, 1994, the Board of Zoning Appeals
enacted Resolution No. 94-710, attached hereto and incorporated herein,
which granted a conditional Lise pursuant to Ordinance No. 91-102, for
cluster housing, on the belm,,' described property; and
WHEREAS, on September 26, 1995, the Board of Zoning Appeals
enacted Resolution No. 95-557, attached hereto and incorporated herein,
which granted a one (1) year extension to the Provisional Use granted
in Resolution No. 94-710;
WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appe"ls may extend the one (1) year time
period for a conditional use Ivhich has not been commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The written request of Ri.chard H. McCormick, P. E. of wilkison &
Associates representing Mr. JZlrnes P. Lennane for the second of three
(3) permitted o:.le (1) year ext:ensions, in interest of the following
described property:
See attached legal description
Exhibit nAil
-1-
(]nn. ')I) ~
.,
'.
..
--
-
--
SEP 2 4 1996
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 31-102), and the expiration date for
Resolution No. 95-557, attached hereto and incorporated herein as
Exhibit "B", and all conditi',ns applicable thereto, is hereby extended
for one additional year until September 26, 1997.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is grant~d.
Commissioner
Hancock
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
M...,..I~;o
, and upon roll call, the vote was:
AYES:
Commisisonec Hancock~ Commisisonec Mac'Kie~ Commissioner Constantine,
Commissioner Matthews, and Commissioner Noeris
NAYS:
ABSENT AND.NOT VOTING:
ABSTENTION:
Done this
day of
24th
September
, 1996.
.j
\','
.;r'.
, . . . . . . ,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~~
?N C. NORRIS, CHAIRMAN
..<.:
,
c.
'..";',.
.,\:,~
ATTEST:' '.
,pWIGHT E:
. BROCK; -CLERK
~
AND LEGAL SUFFICIENCY:
Il1A~A"Yn.~
HARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU EXTENSION RESOLUTION/17762
~fjO'(
-2-
000 "CO 295
'i
-
SEP 2 ~ 1996
o
BAYSUO~_~SI8.I.ES_
Legal Description:
Lots 60 and 61, less the West 260.00 feet and the East 5.00
feet, Lots 62 and 63 I 11!ss the East 5.0 feet, of Naples
Grove and Truck Company's Little F8rms Number 2, 85 recorded
in Plat 800k 1, Page 27 I of the Public flecards of Collier
County, Florida
Less th~ fOllowing described parcel:
Commencing at the Northeast corner ot Lot 60 or Naples Grove
and Truck Company's Little Farms Number 2 recorded in Plat
Book 1, Page 27 of the Public Records of Collier County,
Florida; thence South 89"46'30" West 5.00 feet to the Point
of Beginning; thence South a9"46'30" West 272.17 feet alon~
the Southerly line of ThoH\8SS0n Drive; thence South 00
39'45" East 288.06 feet; thHnce North 89'46'3011 East 272.20
feet to the Easterly 1 ine of Bayshore DrI Va; thence North
00'40'0511 W6st 208.06 feet along the said line to the Point
of Beginning. Containing 33.9 acres of land, more or less.
r,
EXlIllliT "fl."
1100\
000 We 200
-/
'1
SEP 2 It 1!l!Il
HESOLUTION 95- 22.7
RELATING TO PETITION NO. CU-94-7 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER L'ESCRIBED IN COLLIER COUNTY,
FLCRIDA
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 pro-taction of the publici and
WHEREAS, the County pur"uant thereto has adopted a Land
Development Code (Ordinance 110. 91-102) which establishes comprehensive
zoning regulations for the zoning of particular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
WHEREAS, on September 27, 1994, the Board of Zoning Appeals
enacted Resolution No. 94-710, which granted a conditional use pursuant
to Ordinance No. 91-102, for cluster housing, on the below described
property; and
WHEREAS, Subsection 2.7.1.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use ,,"'hich has not been commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The written request of De.vid S. wilkison of Wilkison and
Associates, Inc., representinc;o James P. Lennane for the first of three
(3} permitted olle (1) year extensions, in interest of the following
described property:
See attached legal description
Exhibit "A"
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 94-710, attached hereto and incorporated herein as
Exhibit "B", and all conditions applicable thereto, is extended hereby
for one year until September 27, 1996.
-1-
1001
000 w 287
';
'1
SEP 2 4 1996
BE IT FURTHER RESOLVED that this Resolution be recorded in the
extension is granted.
minutes of this Board and in the records of the Petition for which the
Commissioner
Norris
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac'Kie
, and upon roll call, the vote was:
AYES:Commissionec
Commisisonec
NAYS:
Norris, Commissioner Mac'Kie, Commissioner Hancock,
Constantine, and Commissione~ Matthews
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
26th day of SeD~pmhp~
BOARD OF ZONING
COLLIER COUNTY
ATTEST:
DWIGHT E. BR,?CK',. CLERK
.. ~..'~Q~.
~:r
, .
AS TO FORM ANO LEGAL SUFFICIENCY:
,
nv.. "'''' ",~
~' ,. JJ1 -<d.
MARJ IE. M. STUDENT
ASSISTANT COUNTY ATTORNEY
P.U. EXTENSION RESOLUTION/15517
-2-
on"
l)nC\
, 1995.
~~
THEWS, CHAIRMAN
'j
SEP 2 4 1996
RES'JLUTION 94-...1l0
A RESOLUTION PROVIDING FOR TilE ESTABLISHMENT OF
CONDITIONAL USE "'5" IN THE RSF-5 ZONING DISTRICT
PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 23, TOWNSIlIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the LegislatuJ:e of the State of Florida in Chapter
67-1246, Laws or Florida, aJld 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. 91-102) which includes a
Comprehensive Zoning Ordinan~e 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 atter notice as in said
regulations made and provided, and has considered the advisability
of Conditional Use It5" of Section 2.2.4.3 in an RSF-5 zone for 101
cluster housing units on ~he property hereinafter described, and
has found as a matter of fact (Exhibit "All) that satisfactory
provision and arrangement has 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 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:
IOO( noo rJ'.' 2!JD
'I
SEP 2 4 1996
The petition filed by David S. Wilkison of Wilkison &
Associates, Inc., rcprcsen':ing James P. Lennane with respect to the
property hereinafter described as:
Exhibit "BII which is ilttached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use liS" of
Section 2.2.4.3 of the RSF..5 zoning district for 101 cluster
housing units in accordanCl! with the Conceptual Master Plan
(Exhibit "e") and subject 1:0 the following conditions:
Exhibit "011 which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Norcis
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Saundecs
and upon roll call, the vote was:
AYES: Commissioner No~~i5, Commissioner Saunde~s, Commissione~ Volpe,
Commi5sione~ Matthews~ and Commissione~ co~stantine
NAYS: '.
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
27th
~ppt-pmhpr
, 1994.
A~'rEST:
DWIGHT E. BROC~, CLERK
.. .t: Jj:? QA
7' ,-"..v~.-. -7:11,. "c....
~~ ROVED AS TO FORM AND
LEGAL. SUFFICIENCY:
, CHAIRMAN
BY:
7hk~"', " . J),-.f)e. < .1,.:".(.
MARJ )lIE M. SI'UDENT
ASSISTANT COUNTY ATTORNEY
CU-94-7 RESOLUTION/11858
!COK (JOO '" ~cn
'j
;>Lr l ~ I~:!O
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONOITIONAL USE PETITION
FOR
CU-94-7
The following facts are found:
1. Section 2.2.4.3.5 of the Land Devlopment
Code au~~orized the ccnditional 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 .:)f:
A. Con:5istency .....ith the Land Development Code and
,Gra.....th Management/Ian:
Yes ~ No _
Ing:r:ess and egress to property and proposed
.structures thereon with particular reference to
aut.:.motive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingr~ egress
yes._____ No_____
c. Affects Deighboring properties in relation to
noise,~lare, economic or odor effects:
VNo affect or Affect mitigated by
----- ~ Affec~not be mitigated
B.
'I
,
D. compatibility with adjacent properties and
other property in the di~trict:
Compatible us~ithin district
Yes ~ No
Based on the above findings, this conditional us~ .~
with stipulations, (copy attached) (should not) be ;' ,
recomme~~~~ f~r approval ~/, '. / -,f /! / ,
DATE: 7///t17 CHAIRMAN#C..?,(,ac-tt~
, I
FINDING OF FA,CT CHAIRMAN/md
EXHIBIT IIA"
ICO( 000 rJ'" 301
'1
.
.'
-
SEP 2 4 1996
B-8YS_I:LQR~_L~S.I8I.E..s.
Legal Description:
Lots 60 and 61, less the West 260.00 feet and the East 5.00
feet, L.ots 62 and 63, less the East 5.0 feet, of Naples
Grove and Truck Company's Little Farms Number 2, as recorded
in PIa t Book 1, Page 27, of the PUblic Records of Colli er
County, Florida
Less th~ ~ollowing described parcel:
Commencing at the Northeast corner of Lot 60 of Naples Grove
and Truck Comp.ny's Little Farms Number 2 recorded in Plat
Book 1, Page 27 of the Public Records of Collier County,
Florida; thence South 89'46'30" West 5.00 feet to the Point
of Beginning; thence South 89"46'JD" West 272.17 feet alon7
the Southerly line of Thomasson Drive; thence South 00
39'45" East 288.06 feet: thence North 89"46'3011 East 272.20
feet to the Easterly line of Bayshore Drive, thence North
00"40'0511 W~st 288.06 feet along the said line to the Point
of Beginning. Containing )).9 acres of land, more or less.
c
EXflIBIT "B"
IOD\ (JOO W.' ~U2
.j
'1
SEP 2 HIOO
lD 1
>
-<
(j)
'- I
0
}> OJ
s: rn
m r
(J) >
-0 ;>;
rn
r rn !
m (j)
z .... /
z > /
....
}> rn
Z (j)
m <
r
r
>
(j)
1111111l
,
~ . I
':is \-.-.1
,.
0' ..../
II r 11!
J
.1 I 0_
l I 1'1
\ ,u
! \ .-;
~
III III;
~ii
::~
;'1
;j,~
.., >~
2i! VI-
10';: IAr
.!' 0"
~,"i ~~
'/' 0
. li->Z
.:..~z-t
.....oM
~:!'.lij~
I"
I'
ji' I
."
.::=.,..::J
. . ~ ::0.0
"I ~.J
, ~ -10
, m'"
, ' ~ :n rn
:. I 0
i I ;2~
~ I J ~:=
, )>
:-'
loJ
Ii I
cn,c.l!
~ i
1:rtf.TI\
1~:1
i \-'!~
(lb
"
,!)
'A~CR(OI'!lV[
1
;: I
.1/
j: I
)1
, 1
I
I
~~s
.,.
W
.1
l
!
~
2
S
~
o
~
R
9
~
>
"
C' UI I:::
Ill' tl'~ ,0111\"111 in:
ml1ur. I I wumm ~
'.,j It I lliilk'~';!'
I!" ,I I ul;;!'IP,:1
. 1. l~ '. .. J .
ji!, i: lil'i.; I
,II! l! '
g' Il
i ';
,
Il:!n!l"i!lj
I",l! ~i..
:' h Ii I'
II ! /,,1
II I 1
! ,
i~ ~i : Ii H
~;1 ;:.,: .: ;:;1 ~..
11Il'lmlllli
" ...~.-fa
!~; u~f~:!1;
:In }-!.. ':5
.., j'l -I
;, ...- I
,!:' ~;
,"- ,:I
, ,
:'::'::::::::
il! mmm
7'
,
~
,
EXHIBIT "e"
!OO( OCO". :jC3
'i
'j
SEP 2 " 19'Ji
AGREEMENT
I, David s. Wilkison, as owner or authorized agent for
Petition CU-94-7. agree to the following stipulations requested
by the Collier County Pl,anning Commission in their public
hearing on Seoternber 1 , 1994.
PLANNING:
a. The Current Planning '1anager may approve minor changes in
the location, siting, or height of buildings, structures,
and improvements aut:horlzed by the conditional use.
Expansion of the uses identified and approved within this
conditional use applic:ation, or major changes to the site
plan submitted as par~ of this application, shall require
the submittal of a n,ew conditional use application, and
shall comply with all applicable County ordinances in
effect at the time of submittal, including Division :3.3,
Site Development Plan Review and approval, of the collier
county Land Development Code (Ordinance No. 91-102).
ENVIRONMENTAL
a. Permits or letters of exemption from the U. S. Army Corps
of Engineers (ACOE), Florida Department of Environmental
Protection (FDEP) and South Florida Water Management
District (SFWMD) shall be presented prior to final
plat/construction plan approval.
b. Wetland preserves shall be surveyed, field verified and
approved by Current Planning Environmental staff prior to
construction plan approval and shall be recorded as
conservation easements on the final plat. protective
covenants relating to said conservation easements shall be
according to or similar to Section 704.06 Florida
Statutes.
c. All proposed mitigation for wetland impacts to Collier
County jurisdictional wetlands shall comply with Appendix
7 of the South Florida Water Management District rules and
be subject to revie\o,' and approval by current Planning
Environmental Staff.
d. A note on the construction plans shall indicate that in
addition to any barricading required by County Code,
adequate fluorescent fencing and turbidity screening shall
be placed around preservation areas during infrastructure
construction to enSUrE! that construction traffic/materials
do not directly or indirectly impact the preserves.
Exhibit "011
11860
100\ 000" :m1
"
SEP 2 4 1996
e. Prior to construction plan/plat approval, petitioner shall
comp'y with the recommendations and guidelines or the
Florida Game and Fre"h Water Fish Commission (FGFWFC) and
united States Fish and Wildlife Service (USFWS) as they
relate to the man~gement and protection of the bald eagles
in the vicinity of the proposed project.
TRANSPORTATION
a. The developer shall provide arterial level street lighting
at the project entran=e.
b. The petitioner shall provide appropriate turn lanes at the
entrance on Thomasson Drive as specified in Ordinance
93-64, Work Within t.he Right-of-way. Such improvements
shall be in place prior to the issuance. of any
Certificates of Occup.3.ncy.
c. A minimum buffer aren of 20' shall be maintainp'd between
Tract A (St. Lucia Drive) and Thomasson Drive. This
buffer area shall be maintained along the entire Thomasson
Drive frontage for potential future right-of-way.
d.
The developer shall provide for removal and ultimate
discharge of historic roadway runoff and drainage from
adjacent road corridors. Such provisions shall include
appropriate swale drainage along Bayshore and Thomasson
Drives for the pro:ject's entire frontage along with
appropriate swales anj easements for the ultimate outfall
through or around th" project to historic wetland areas
located within and west-southwest of the project.
Perimeter easements shall be the same as those approved
for PSP-91-18 and PSP-91-18A.
e. The developer shall provide a fair share contribution
toward a traffic signal at the intersection of Bayshore
and Thomasson Orives at such time as a signal is deemed
warranted by the County. Such signal shall be owned,
operated and maintained by the County.
f. The developer shall maintain and/or reconstruct any bike
paths/sidewalks disrupted by his operation. Such bike
paths/sidewalks shall be replaced and/or reconstructed
prior to the issuance of any Certificates of Occupancy.
Right-of-way dedicaticns/easements shall be provided both
internally and externally, consistent with the require-
ments of the LDC all a condition of building permit
approval.
PROJECT PLAN REVIEW
a. The developer is subject to approval stipulations of
Resolution 92-7 and th. amended PSP-91-18A.
IOO( 000 'l" 3U5
.j
'1
STATE OF FLORIDA
COUNTY OF COLLIER
-
-
5EP 2 4 1996
/ " 'd' ~
", 1, /
( ~l6J,z /1/ ~
?eTITIONER o~:/
The foregoing Agreemeryt Sheet was acknowledged before
day of I, -&7 ..'U...t:, 1994 by O,w101 ~U'lk." ,'.'
personally known to/me o~nn h~&-pro U~~U ____
as.~orr;~1~~rion.
-t,O
me this 0. {..." .
, l,./ho is~~
r....
J -------.,
NCJrAllY NoRM"" ""-' ?
. Co I'tJBUc _ ""VNr
."" """'0
"<'rOo",,,,:::?,, No. c6 FJ.oRIC
'vNEX". 15'72'
.....ur..l1,I9f;
!
STATE OF FLORIDA
COUNTY OF COLLIER
C-_<_
The foregoing Agl:eement Sh..et was
day of ~'r-~' 1934 by
per:>onal~y.kno,,:,n to me ~1tL.v 1.as
ac l~ontlfl~~tlnn.
Petition No. CU-94-7
Exhibit "DII
l_- ~M< (/ D~~
(S nature of Notary PubllC)
,U,;:.tn/l 1I'~<J,;.oN'?-
NOTARY PUBLIC
Commission # 0<2.. .;L /j-q 7)..
My Commission Expires: Y/r'-;?~
acknowledged before
~ii~h;:!.p.l A n:'1\ri c::
P:b09U,"""M
'1 I
me this '7\ f\i.t
I who is-
(1 .. k! n'] '-,
CAY, ('\ ,;V - \.., (vL"C" L.."....'
(Signature of Notary publlC)
(I e..l!..i II' ,'- /:'. {v\"..A't-., \"1
NOTARY ~UBLIC :'1 11 ~. -- ('i . 'OJ )
Commisslon # L- '- v t:' 10,) {.
My commission Expires:
",:nA~f PUtl..1C !.T,m: I.J" fl.:)HOA
,.., Cf''''f'IISS:OJl (XI'. APR.27.1~
:>1oIOCIl "IllU fUI:AAL as. ~,
".:J
.~._"'.-
IDOl 000 'le' 306
'.
, ,