Resolution 2008-171
RESOLUTION NO. 08 - 171
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER CUE-2008-AR-
12775, GRANTING A ONE-YEAR EXTENSION OF AN
APPROVED CONDITIONAL USE FOR A
COMMUNITY PARK AND TO PROVIDE PUBLIC
ACCESS TO A BOAT LAUNCH FACILITY ON
PROPERTY LOCATED WITHIN THE VILLAGE
RESIDENTIAL (VR) ZONING DISTRICT,
HEREINAFTER DESCRffiED IN SECTIONS 18 AND
19, TOWNSHIP 52 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
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 and extending the time period
of Conditional Uses; and
WHEREAS, on March 23, 2005, the Board of Zoning Appeals of Collier County,
Florida, adopted Resolution No. 05-132, attached hereto as Exhibit "A," which granted a
Conditional Use pursuant to Subsection 2.01.03.G.3.a. of the LDC to allow a community park
and to provide public access to a boat launch facility in a Village Residential (VR) Zoning
District; and
WHEREAS, since the adoption of Resolution No. 05-132, the Petitioner, Collier County
Coastal Zone Management, has pursued the federal and state permits necessary to commence the
Conditional Use and requires additional time to continue this permitting process as well as Site
Development Plan review and approval; and
WHEREAS, Subsection 1O.08.00.E.l.of the LDC provides that any Conditional Use shall
expire three years from the date of grant, if by that date the use for which the Conditional Use
was granted has not been commenced; and
WHEREAS, Subsection 1O.08.00.E.3. of the LDC provides that Board of Zoning
Appeals may grant a maximum of one one-year extension of an approved Conditional Use upon
written request of the petitioner.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number CUE-2008-AR-12775, filed by Johnson Engineering, Inc., representing
Collier County Coastal Zone Management, for a one-year extension of a Conditional Use to
allow a community park and to provide public access to a boat launch facility on property in the
Page I of2
Village Residential (VR) Zoning District as described in the attached Exhibit "B," is hereby
approved pursuant to 10.08.00.E.3. of the LDC, and the expiration date for Resolution No. 05-
132, and all conditions applicable thereto, is hereby extended to March 23, 2009.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CUE-
2008-AR-12775 be recorded in the minutes of this Board.
'r':-
This Resolution adopted after motion, second and super-majority vote this I D-day of
",..
~ I~ ,2008.
f'...
ATTEST: '.
DWIGHT E. BROCK,Clerk
By:
N
uty Clerk
App
and
Jeffre
Chief
Page 2 of2
Exhibit A
RESOLUTION NO. 05. .l.ll
A RESD.LUTlON OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF AN
ESSENTIAL SERVICE CONDlTlONAL USE IN THE
VJLLAGE RESIDENTIAL (VR) ZONING DJSTRJCT
PURSUANT TO SUBSECTION 2.01.03.GJ.a. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 2004.41), AS AMENDED, TO ALLOW
FOR A COMMUNITY PARK AND TO PROVIDE PUBLIC
ACCESS TO A BOAT LAUNCH FACILITY FOR PROPERTY
LOCATED. IN SECTJON 18, TOWNSHJP 52 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA.
i
WHEREAS, the Legislature of the State of Florida in Chapter 67- J 246, Laws of Florda,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to esta~ish,
coordinate and enforce zoning and such business regulations as are necessary for the prote~tion
of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Cod;, as
amended, (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinbnce
,
establishing regulations for the zoning of particular geographic divisions of the County, aolong
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed ~and
constituted planning board for the area hereby affected. has held a public hearing after notide as
in said regulations made and provided. and has considered the advisability of an essential se~ice
conditional use pursuant to Sunsection 2.01.03.G.3.a. of the Collier County Land Develop~ent
Code, as amended, in a Village Residential (VR) Zoning District for a community park an~ to
provide public access for a boallaunching facility on the property hereinafter described, an~ the
Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satistaiory
provision and arrangement have been made concerning all applicable matters required by $aid
,
regulations and in accordance with Subsection 10.08.00.0, of the Land Development Cod~, as
amended; 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:
The petition filed by Dominick Amico, P.E. of AgnoJi, Barber & Brundage, Inc.,
.
Page 1 of2
\
representing Collier County Board of County Commissioners with respect to the properly
hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved for an essential service conditional use pursua* to
Subsection 2.01.03,GJ.a, of the Collier Counly Land Development Code, as amended,lin a
Village Residential (VR) Zoning District for a community park and to provide public acces~ for
a boat launching facility in accordance with the Conceptual Master Plan (Exhibit "C"), and
subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of t~s
Board.
This Resolution adopted after motion, second and super-majority vote.
Done this 2?; ",I day of mdr{1h ,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLO~
BY: ~W.
FRED W, COYLE, CHAIR N
AITEST:
DWIGHT E. BROCK, CLERK
cIJ), ~f
'At~t 'i's to h.I....n.s
slgutwtl OfllJa
Approved as to fienn an
Legal Sufficiency:
-~".u ~11 {Jt.i<'<l1...,.,.t.
Marjo eM. Student
Assistant County Attorney
CU.2004-AR.62781RBI~p
Page 2 of 2
,~.
FINDINGS OF FACT
.aV.
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
.......-....... ... ...--...FOlf..._......... ..-.
CU-AR-6Z78
The following facts are found:
1. Section 2.01.03 (a) of the Land Development Code authorizes the conditional use.
2, Granting the conditional use will Dot 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.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 access in case of fire or catastrophe:
Adequate ingress & egress
Yes --/ No
c.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
~ affect or Affect mitigated by
- -
_ Affect cannot be mitigated
~
D.
Compstibility with adjacent properties and other property in the district:
Compatible use within district
Yes.L.. No_
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approvaL AP n.Cc'(l)
DATE:
.~ !.,,!(j)
f I
CHAIRMAN:
~~ . 'A c-,
/(.,))e U D.;jX,
,
EXHIBIT "A"
DESCRlPTION (pROVIDED BY CLlENl)
EXHffiIT "B"
A PARCEL OF LAND BEING A PORTION OF1"RACT I, AS SHOWN ON BUT NOT A
PART OF THE PLAT OF GOODLAND ISLES SECD.ND ADDITION, AS RECORDED IN
PLAT BOOK 8, PAGE 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 33, BLOCK F OF SAID
GOODLAND ISLES SECOND ADDITION; THENCE SOUTH 15"1 I '20" EAST 390.48
FEET; THENCE SOUTH 72"15'19" EAST 128.00 FEET; THENCE SOUTH 13050'44"
EAST 180.00 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID TRACT I;
THENCE 28.70 FEET ALONG TI!EARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST, RADlliS OF 100.00 FEET, CHORD BEARING NORTH 51 "23'18" EAST
28.60 FEET; THENCE NORTH 43"10'00" EAST 250,00 FEET; THENCE NORTH
12020'20" EAST 381.83 FEET; THENCE 87.47 FEET ALONG THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, RADlliS OF 50.00 FEET,
CHORD BEARING NORTH 37046'41.5" WEST 76,74 FEET; THENCE NORTII 87"53'43"
WEST 66.88 FEET; THENCE 162.41 FEET ALONG THE ARC OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST, RADillS OF 1365.08 FEET, CHORD BEARING
SOUTII 88041 '47" WEST 162,31 FEET; THENCE SOUTH 85"1 T17" WEST 201.52 FEET;
THENCE NORTH 180]2'43" WEST 87.42 FEET TO THE SOUTHERLY RIGHT-OF- WAY
LINE OF PALM AVENUE; THENCE SOUTH 85017'17" WEST 10,28 FEET; THENCE
SOUTIl74"49'12" WEST 60.08 FEET TO THE NORTHEAST CORNER OF SAID LOT 33,
BLOCK F; THENCE SOUTH 18"12'43" EAST 96.75 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 33, BLOCK F AND THE PLACE OF BEGINNING;
...
PARCEL CONTAINS 5,22 ACRES, MORE OR LESS;
BEARINGS ARE BASED ON THOSE SHOWN IN PLAT BOOK 8, PAGE 19 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
SUBJECT TO A 30' WIDE ACCESS EASEMENT, L YlNG 15 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE;
FROM THE POINT OF BEGINNING OF SAID CENTERLINE OF THE SOUTH LINE OF
PALM A VENUE AS SHOWN ON SAID PLAT OF GOODLAND ISLES SECOND
ADDITION, SAID POINT L YlNG NORTH 74"49'12" EAST OF, AND 20.10 FEET FROM
THE NORTHEASTERL Y CORNER OF LOT 33, BLOCK F, SAID GOODLAND ISLES
SECOND ADDITION, RUN SOUTH 15" I I '20" EAST ALONG SAID CENTERLINE FOR
496,81 FEET TO THE POINT OF ENDING OF SAID CENTERLINE,
W.02.0023G.DES/041PN8363
CONCEPTUAL SITE PLAN
.
.
CONDITIONS OF APPROVAL
.. CO:Z003::-A:R.:6m"'-- -
I. The conditional use illimited to what is shown on the conceptual site plan, identified 81
'Goodland Park Conceptual Site Plan,' prepared by Agnoli, Barber and Brundage, !J)c,
last revised July, 2004. The site plan noted is conceptual in nature for conditional use
approval. The final design shall be compliance with aU applicable federal, state, and
county laws and regulations. .
2. The petitioner shall provide sidewalks on oDe side of the on.sitc enby driveway at the
time of Site Development Plan (SDP) review. .
3. The petitioner shall provide an Environmental Impact Statement (ElS) at the time afsite
development plan review unless it can be demonstrated that the project qualities for a
preferred fating under the Manatee Protection Plan, which would allow for a waiver of
the ElS to be granted.
4. The petitioner shall provide an exotic vegetation removal, monitoring, and maintenance
plan for the site, with emphasis on the preserve areBS, which shall be submitted at the
time the site development plan is submitted for review.
5. The petitioner shall provide a Manatee Awareness and Protection Plan for review and
approval at the time of site development plan review.
6. The petitioner shall provide the fmal details of all utility designs and documentation that
water service can be provided to the site at the time of site development plan review.
7. The petitioner shall provide a landscape plan consistent with Section 4.06.00 of the Land
Development Code. This landscape plan will be coordin~d with the County landscape
architect at the time of site development plan review.
8. Approval of the conditional use conceptual 'site plan shall not exempt the petitioner from
providing stonnwater calculations signed and sealed by a Florida registered ppfessional
engineer and a nalT8tive explaining how the proposed system will work. In addition, the
required elevation information shall be provided at the time of submission of a site plan
for review to demonstrate compliance with the site FEMA flood zone.
9. At the time of site dev"'elopment plan review, the petitioner shall provide the fmal details
of the cell phone activated signage.
10. The community park and boat launching facility shall be limited to 8 maximum of 7S
boat trailer parking spaces and a maximum af2J regular vehicular parking spaces.
Exhibit D
.
ttt OR: 2972 PG: 2969 ttt
,
Exhibit B
A JlIfl:el of hmd beinl a portion of Tract I, as shown on but not a part of the
Plat of Ooodland Illea Second Addition, as recorded in Plat Book 8, Pase
19, of the Public Records of Collier County, Florida. more particularly
deacrlbed as follows:
BeainninJ al the southeaslerly corner of Lol 33, Block F of said Goodland
1.lea Second Addition; lhem;e S IS' II' 20" E 390,48 feel; Ihence S 72' IS'
19" B 128,00 feet; thence S 13' SO' 44" E 180,00 feel 10 Ihe southerly
boundary line of said Tracl I; thence 28.70 feel alanl the In: of a cin;ular
curve concave to the northwest, radius of 100.00 feet, chord bearinl N SI'
23' 18" E 28,60 feel; thence N 43' 10' 00" Il 2S0.00 feet; thence N 12' 20'
20" B 381.83 feet; thence 87.47 feel alanl lhe arc of a circular curve
concave to the southweat, radiuil of SO.OO feet, chord bearinl N 37" 46'
4\.5" W 76,74 feet; thence N 8~3':W 66.88 feel; thence 162,41 feet
alanl the arc of a circular m~a~~' ~utheast, radius of 136S.08
feet, chord bearlna S 8 '~4}~' W 162,)1~ ~. hence S 8S' 17' 17" W
20\.52 feel; thence N ;"~2' 43" W 87,42 feet ~ii' southerly right-of-way
line of Palm Avenue;. cW: "'!~mIO. 8 eel; Ihence S 74' 49'
12" W 60.08 feello!th ' I 3 , Block F; thence S
1"12'43"E96'75~efll I u .l',~ 'dlLot33,BlockFand
the PlICC ofbesinni ~ \\.....0--/,1 '- U c f....)
,-, ~ I 1,0::
'-<" 1k~'
hn:el contaiDl 5.22 a~\1JIOre or leas,~\'t..J./?51
BeIrinp are ~ on ~~:1!1~~)~:' Pale 19 of Ihe Public
RecordI ofColher County, FI~J'J.}~