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Resolution 1994-232 APRIL 5. 1994 RESOLUTION 94-~~ A RESOLUTION PROVID1/1G FOR THE ESTABLISHHEtIT OF WATER DISPE/lSING CONDITIO/lAL USE III THE C-5 ZONING DISTRICT PURSUAIlT TO SECTIOII 2.2.15~.) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED III SECTIO/l 11, TOWlISHIP 49 SOUTH, RA/lGE 25 EAST, COLLIER COUlITY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Lavs 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 Developaent Code (Ordinance No. 91-102j which includes a eo.prehensive 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 "9" Of Section 2.2.15\.) in an C-5 zone for a new vater dispensing kiosk on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satiSfactory provision and arrangement has been made concerning all applicable aatters 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. HOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZOIlING APPEALS of Collier County, Florida that: nn...., -~ APRIL 5, 1994 The petition filed by Allan S. Abbey of Abbey Construction of representing McXesson Water Products with respect to the property hereinafter described as: Exhibit "8" vhich is attached hereto and incorporated by reterence herein be and the sa.. is hereby approved for Conditional Use "9" of Section 2.2.15\.) of the C-5 zoning district for a water dispensing kiosk in accordance vith the Conceptual Master Plan (Exhibit "e") a~ subject to the following conditions: Exhibit "D" vhich is attached hereto and incorporated by reterence herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainute. ot this Board. Coaaissioner Saunders offered the foregoing Resolution and .oved for its adoption, seconded by Commissioner Cawtantine and upon roll call, the vote was: AYES: .........l...ioner Sal.wlders, eaa.iasiooer Constantine, Calmissiooer Norris, and ec-iasioner Katthews IIAYS: ec-iasiooer Volpe ABSEWl' AND NOT VOTING: ~.IU1.l~ON: Done this 5th day of April , 1994. ,11.., I, ATTEST: _ DWIGHT E. BROCK.: CLERK - . Bv:. ~a:'i..~-r9r 4'.a.. UI'ROVllulAS\TO FORK AND LEGAL SUFl"iCIENCY: "JIV:A-/jA.i JJ 1~1u<~u._:"c iiAiU'Oifii M. STUDENT ASSISTANT COUNTY ATTORNEY CU-93-23 RESOLUTION ,.., nm.. (H APIlIL 5, 1994 FIlIDIHG OF FACT BY COLLIER COUlITY PLAKlIIlIG COMMISSION FOR A CONDITIOHAL USE PETITIOll FOR CU-93-23 The tOlloving tacts are found: 1. section 2.2.15\.3 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 Oevelopment Code and Growth Kanagement~an: Yes No B. Ingress and egress to property and proposed structures thereon vith particular reference to automotive and pedestrian safety and convenience, traftic tlow and control, and access in case of tire or catastrophe: Adequate ingre~' egress Yes No c. Affects neighboring properties in relation to noise,. ~re, economic or odor effects: ~ Ho affect or Affect mitigated by Affect cannot be mitigated D. compatibility with adjacent properties and other property in the district: co~patible,~ within district Yes 4- 110 Based on the above findings, this conditional use should, vl" 0'lpu10'10no, (copy ,".chod' (o( t~ bo ~ recomaended for approval . OATE:~ CHAIRMAN: 'heLM ~~,~ FIllDING OF FACT CHAIRMAN/RId EXHIBIT "A" 8000: OCO W,< R? APIlIL 5, 1994 LEGA:.. DESCRIPTION, A part of t~ Southea.t 1/4 Section 11, Township 49 South, Ranoe 25 East. Collier County, Florida and beinQ more particularly described as follows: eo..enCinQ at thP Southea.t corner of Section ii, Township 49 South. Ranoe :~ Ea.t, eollier County, Florida, thence alono the South I.ne 01 sa.d Sect,on TOwnShip 49 South, RanQe 2' Ea.t. Collier County, Florida; thence alono the ~ South line of said Section ii, South S9'-35'-20. West 1323.b5 leet to the Southwest corner of t~ SouthPast 1/4 of the Southeast 1/4 01 said Sectio~ 11. thence alonQ t~ West line of the Southeast 1/4 of tlhe Southeast 1/4 01 sa.o Section 11. North 00'-22'-11" East b7.'1 feet to Ithe North riOht-of-wav l.n~ ~1 County Road C-89b (Pine Ridoe Road) as describeo on O.R. 89". p, 0169. Co! I.er County Public Record., Collier County, Florida: thence alono sa.d North riQht-of-way line North 89'-35'-20. Ea.t 424.23 leet to the POINT OF BEGINNING of the parcel ~rein described, Thence leavinQ .ide North riQht-of-way I,ne North 01'-08'-50" East 129b.7b feet, Thence South 88'-'1'-10" East SOO.OO feet Thence South 01'-OS'-50" West 30.00 feet T~nce North 88'-'1'-10" We.t 250 feet Thence South 01'-08'-'0" West b2'.00 feet Thence 88'-'1'-10. East 250.00 feet to the West rlQht-of-way line 01 State Road S-31 (Airport Road), thence alono said west r'Oht-of-wa. line South 01'-08'-'0" W.st 270.00 feet, thence leavinQ said West r'oht- Of-way line North 88'-'1' -10" West 2'0.00 feet: thence South Olt-Oe -SO" West 35b.80 feet to the said North riQht-ol-way lin. of County Road C-8b9 (Pine Ridoe Road); thence alonQ .a.d North riOht-of-way line South 89'-3"-20" West '50.21 feet to the Point 01 aeolnnlno 01 the parcel ~rein described, contalnlnQ 17.e~ acres 01 land Mor. or 1.~s; subj.ct to ....m.nt. And r..trictions 01 r.cord '00l 000 'l~~ 83 ~ ., r----.... c 't AIRPORT ROAD \~ATER METER 6 BACKf'LOW PflEVENTOR \ COLUER CO. UTILITIES SPECIFICATIONS -- .(""...---"~ EXISTING 1 POWER POLE iF UNOERGAOUl'IO . ELECTRICAL SERVICE ( . WATER 5 MIN.24 COVER) , , ' ..~. -........ . PIPE ~ IlOLlAR05 SA~T 6 REPAIR EXISTING PAVEMENT ORYWEU: (SEE DETAIL) /) / o n~ E:lttibit "C" IlIOIl 000 PI'.~ 84 vn -- ~ ( . (l~ {? /' ~" APIlIL 5, 1994 AGREEKEfcr I, Allan S. Abbey, as authorized "'lent Cor Petition CU-9J-2J, agree to the follO'Jing stipulation" requested by the Collier County Planning Commissic.1 in their publi~ hearing on February J, 1994. 1. The CUrrent Planning Manager may approve ninor changes in the location, siting, or helght of uuiluings, structures, and iaprove_nts authorized by the cc.nuitional use. Expansion of the uses identified and approved within this pl~n submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of sUb::1ittal, including Division J.J, Site Developoent Plan Review and approval, of the Collier County Land Development Code (Ordinance /10. 91-102, as a_oded) . 2. Prior to issuance of a final development order, approval from the Collier County Public Health Unit Cor the onsite disposal oC overage via the proposed drywell ~hall be provided, The approval or exeaption shall be accoapanied '''Itn " .j(:tailed analysis of the anticipated daily volume of water UiSpO~ill, the required loading rate and the hydraulic conductivity of the soil which has been signed and sealed by a F:orida Registered ProCessional Engineer, 3. The applicant sha 11 be requ ired to connect to the existing sanitary sewer or water :nanagemcnt !"~ll:ti,,s if at any time the dryveU system fails to perform sati';!,H;t<.JOIy, 4. The applicant shall be requir<"J to P"'/ road impact fees for the structure at the snopping c:<:ntl.". '.It" vt ~2. 1 )0/1000 s'luare feet of retail space. 5. Design and construction of thi" t.Jcility shall be in coapliance with Ordinance 110. 88-7(" .IS .In<:nded, EXHIBIT "U" a* OCO Ylj, 85 t ~ i' > t APIlIL 5. J 994 Petitioner or Agent STATE OF FLORIDA ~'-n OF COLLIER The foreqoing day ot Agree.ent lias acknowledged before 118 this , 19 by , who is ~onally known to .e or who has as identification and who produced did (did not) take an oath. (Signature of Hotary Public) (SEAL) NOTARY PUBLIC Serialfc~ission , My co.mission Expires: ~lkt~ STATE OF FLORIDA COUJr1"Y OF COLLIER The t~oill<}... Agreell8nt was ,.,~knovledged befot;:e 118 this .5...t) day of ~~'." "'~ ' 19:!.L by f}r .dh<. A,/).N,I , who is personally known to 118 or ,'!to has pr~~~~ aG idQP~I';rat1on and who di~ (did not) take an oath, ~ S ) NOIlLCA A IOONi NOrUY l'\illJc: STA'Ti 01' '1.otr1D ~ '<<), CC2tW12 WTiTJf_Nl:" to.. A'i<. ".I,,", gnature of / ~:J/~/'.'?,4 Notary Publ c) /J ?~ ,I 'J< NOTARY PUBLIe n SerialfCo_ission, L'P ,J /5~' 7)- My co_ission Expires: Si) }- /9(" EXHIBIT "D" -2- t* 000 rl~, 86