Resolution 1997-412RESOLUTION 97-.4~2
1:3A2
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A RETAIL PLANT NURSERY CONDITIONAL USE
~21" IN THE ~A~ ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
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. 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 considered the advisability of
Conditional Use "21" of Section 2.2.2.3 in an "A" zone for a retail
plant nursery on the property hereinafter described, and has found as
a matter of fact (Exhibit "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 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:
The petition filed by William L. Hoover, AiCP, of Hoover
Planning Shoppe and Wilkison & Associates, Inc., of representing
Target Benefit Plan of Imperial Homes of Naples, Inc., with respect
to the 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 "21" of
Section 2.2.2.3 of the ~A~ zoning district for a retail plant nursery
in accordance with the Conceptual Master Plan (Exhibit "C") and
subject to the following conditions:
1. 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 Staff. Removal of exotic
vegetation shall not be counted towards mitigation for
impacts to Collier County Jurisdictional wetlands.
2. Buffers shall be provided around wetlands, extending
at least fifteen (15) feet landward from the edge of
the wetland preserves in all places and averaging
twenty-five (25) feet from the landward edge of the
wetlands. Where natural buffers are not possible,
structural buffers shall be provided in accordance with
the State of Florida Environmental Resource Permit
Rules and be subject to review and approval by Current
Planning Environmental Staff.
3. An appropriate portion of native vegetation shall be
retained on site as required in Section 3.9.5.5 4.
CCLDC. ·
4. An exotic vegetation removal, monitoring and
maintenance (exotic free) plan for the site, with
emphasis on areas of retained native vegetation, shall
be submitted to Current Planning Environmental Staff
for review and approval prior to final site plan/
construction plan approval.
5. The Petitioner shall comply with the guidelines and
recommendations of the U.S. Fish and Wildlife Service
(USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species
are observed on site, a Habitat Management Plan for
those protected species shall be submitted to Current
Planning Environmental Staff for review and approval
prior to final site plan/construction plan approval.
6. Although the proposed use is not significant in terms
of projected traffic volumes, the use as a wholesale
operation will result in a larger than average number
of heavy trucks and other types of large vehicle
movements into and out of the site. The access road
(Old U.S. 41), is a two-lane major collector.
The County will reserve the right to monitor the
operation of this use and, if in the opinion of
the County, a safety or operational problem becomes
evident, the installation of either or both northbound
-2-
and southbound turn iane-~ will be required.
7. The applicant shall be responsible for the installation
of arterial level street~lightinq at all project
entrances at the time said entrances are constructed.
8. The final access geometry shall he subject to review hy
the Transportation Services Department and shall he subject
to a right-of-way permit.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /_~ day of ~~___.._, 1997.
.'ATTkST:'~:' .
~:~,.'D~WIGHT. E. BRoc.~":Cler'k
Ap~ro'9~d.,as':to i. Form and
Mal:J c~ie,/4. Student
Assistant County Attorney
f/CU-9?-i 8 RESOLUTION
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
-3-
FINDING OF FACT
COLLIER CO~~ BY
PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-18
The following facts are found:
1.
Yes u.-'" No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)
approval be recommen
· ~ for
Section 2.2.2.3.21 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:
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 ingres~ & egress
C. Affects neighboring
glare, eco~D~mic or odor properties in relation to noise
effects: ,
-- --- NO affect
-- Affect mitigated by _
---___Affect ca--~6~OCbe mitigated -
Compatibility with adjacent properties and other
property in the district:
compatible use within district
f/CU-97-18 FINDIN~ OF FACT CHAIRMAN/
EXHIBIT "A"
,~ etafied Legal Desert hon of Su . ·
: ~ _ P bject Pro,trw.
r,,~ Section 10 To,shin 48S Ran~ 9~ ":
~[,-The South Half of the NOah Half 6f
~'?~ 10 Tomshi 48 South Range 25 E~i
~::~.~ ~vv rc~t ~omer coun Florida.
Property Identification #: 9000000143520007
1 ' ' ':~ ~": `! :';"' '" ~ · "' "' ' '
Size of Property: 32 wide x avera e of 1370' d ' ,,,.,,o
ee = 4.09:1: A,,,,.o
oG;~er.,a!.Loc, aJ.i.on, of Subject Property: ~~mSide of Old U.S. 41. '1/3 miie north
an l-ieaa mva. and 500 feet south of the Collier-Lee Coun Lines in North Na les
Zoning of Subject Property: A~,ricultural Existing Land Use: Vacant and ye etated
with a ' - -
mixture of trees and shrubs inchdin some C ress trees icall on the
western 1/2 of~
EXHIBIT "B"
i