Resolution 1995-234
10 B
RESOLUTION NO. 95-234
RESOLUTION CREATING THE GOLDEN GATE CITIZENS
COMMITTEE TO THE FLORIDA CITIES WATER COMPANY
TO PROVIDE CITIZEN AND NEIGHBORHOCD INPUT AND
COMMENTS DURING THE EXPANSION PROCESS OF THE
SEWAGE TREATMENT PLANT.
WHEREAS, Resolution No. 94-533, adopted by the Board of
County Commissioners on July 26, 1994, approves a conditional
use and allows for the expansion of an existing sewaqe
treatment plant located in Golden Gate under certain
conditions and restrictions; and
WHEREAS, Resolution No. 94-533 provides that a represen-
tative of Florida Cities Water Company will meet with the
Golden Gate Civic Association or other group as may be
designated by the County Commission, on a bimonthly basis
during construction and that such association or representa-
tives of Golden Gate may be present during testing of the
plant; and
WHEREAS, the residents of Golden Gate desire approval of
a citizens group to oversee the process of construction of
the project and the Board finds that it is appropriate and in
the best interests of the citizens to appoint such a
committee;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Golden Gate Citizens Committee to the Florida
Cities Water Company is hereby established as an ad hoc
committee, the functions of which are as follows:
a) To provide citizen and neighborhood input and
comments during the expansion process of the sewage
treatment plant to provide sufficient opportunity for
the Florida cities Water Company to address such
concerns.
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b) The Committee is authorized to meet with a
representative of the Florida Cities Water Company on a
bimonthly basis and be present during testing of the
facility.
c) The Committee shall be authorized to take such
actions or provide such information as authorized by
Resolution No. 94-533 (attached hereto) which granted
the conditional use for expansion of the sewage
treatment site.
2. The Golden Gate citizens Committee shall be
composed of the following members:
Viola Dunmire
Don Dunmire
William Combs
Glenn Wilt
Michael Daniel
Tim Baker
Ed Gatley
Paul stambaugh
Gary Siciliano
3. The Committee shall be established for the duration
of construction of the sewage treatment plant expansion or
for a term of one (1) year, whichever is less; provided,
however, that the term of this Committee shall automatically
renew for an additional one year period in the event that the
timeframe for construction exceeds 1 year.
This Resolution adopted after motion,
second and
majority vote.
.' ,.. DATED: March 2l,
...~,,\ "'J 1)1
. ..ATtEST: '.
~" ".DWIGHT! E! B~OCK,
, ...
1995
CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
..
~":?">f/n'~ 7 '1 (J.t. BY:
."''YI .\
Approved as to form and
legal sufficiency:
NJY. 1D.1krv'6519
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RESOLUTION 94-~3
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10 B
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A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
EXPANSION TO AN EXISTING SEWAGE TREATMENt-PLANT
CONDITIONAL 'USE 'IN THE RSF-3 ZONING DISTRICT ' "'_ " ,
PURSUANT TO SUBSECTION 2.6.9.2 OF THE COLLIER
COUNTy LAND DEVELOPMENT CODE FOR PROPERTY LOCATED
IN SECTIONS, 27 AND 28, 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
enforce z~nirigand' SUCh'business'regUlations as are neCessary for
the. protection of the public; and
WHEREhS, the County pursuant thereto has ndopted a Land
Dovelopment Code (Ordinance Ho. 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 cO~dItional '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 a Conditional Use of SUbsection 2.6.9.2 of the Land Development
Code in an RSF-3 zone for an expansion to an existing sewage
treatment plant 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 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,~ail. matters presented.
BY THE BOARD OF ZONING APPEALS
NOW, ' THEREFORE "BE IT' RESOLVED,
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of Collier County, .~F'lorida that:
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The petition filed by Greqory R. Crawford of Hartman &
Associates, Inc., representinq Florida Citias Water Company, with
respect to the property hereinafter described as:
Exhibit "B" which is att'ached hereto and incorporated by
reference herein.
be and the same is hereby approved for a Conditional Use of
Subsection 2.6.9.2 of the Land Development Code in the RSF-3 zoning
district for an expansion to an existing sewage treatment plant in
~Ccordance with the Conceptual Master Plan (Ey.hibit "C") and
subject to the following conditions:
1. FCWC shall install a landscape buffer around .the ..l'ntire
perimeter of the Golden Gate Wastewater treatment plant.
At the time of installation, the plantings along
. Tropicana Blvd. and 32nd Avenue Southwest shall be 5 feet
in height and spaced 5 feet on center. The plants shall
be approximately 4 feet wide at the time of planting.
The landscaping shall meet the minimum requirements set
forth in Alternative B of the Collier County Land
Development Code within six months to a year of planting.
FCWC will make application with the County for a permit
to install the necessary irrigation system prior to the
July 26, 1994 County CommiSsion meeting.
This buffer shall be completed within thirty days of
beginning installation.
2. FCWC will provide supplemental landscaping in the
southwest quadrant of the site, above and beyond what is
required in Alternative B. The supplemental laridscaping
shall be a heiqht of six (6) feet at the time of planting
and shall include canopy trees of a type that will
achieve a minimum height of 14 to 16 feet by July of
1997.
3. FCWC shall install a one-way, semi-cirCUlar driveway
which will reduce noise levels aSsociated with truck
traffic by allowing trucks servicing the facility to
enter and exit the plant with less maneuvering. The
driveway shall be completed no later than nine months
after commencement of construction on the' improvements.
4. The construction associated with the conditional Use
permit shall inclUde noise abatement improvements which
will be made to the blowers and generator so that they do
not exceed those thresholds regulated by the County's
Hoise Ordinance. Except during reasonable emergency
conditions, the generator will only function between the
hours of 9:~0 a.m. and 4:00 p.m., Monday through Friday.
Said impro~ements shall be completed as part of the
overall construction project, but in any event no later
than 9 months. from the start of construction.
5. When the plant exceeds its eXisting 750,000 9.p.d.
capacity or within 9 months 'from the start of
construction, Whichever comes first,'FCWC will install a
scrubber ~r 'other 'odor 'control mechanism which functions
as well as or better thana "'scrubber which constitutes
the utilization of best available. t~chnology ..... '
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6. FCWC shall provide shielding, which shields lights away
from residential areas to the maximum extent possible
without compromising operator safety, on the lights which
illuminate the processing tanks at night. Control
switches will be installed so that plant operators are
able to turn off lights when they are not needed and
plant operators will turn off the lights when not needed.
7. Upon completion of the improvements to the plant, FCWC
shall arrange from an independent engineer, or other
qualified teChnician to take bimonthly readings from
properties immediately adjacent to the plant over a six
month period to insure that the noise levels O*f the plant
are at or below Collier County's requirements.
community representative from the Golden Gate c vie
Association or other group as may be appointed by the
County Commission, may be present during the testing.
FCWC shall provide ten (10) days written notice of such
tests to the designated group or association and a
community representative may be present. If during any
one of the three tests, the noise levels at the Golden
Gate facility exceeds the noise levels established by
Collier County regulations, the residents may petition
the Board of Zoning Appeals for further proceedings to
consider the imposition of additional mitigating
conditions.
8. Once the wastewater treatment plant reaches a capacity of
1,500,000 g.p.d., no further increase in capacity shall
be permitted on this site. This does not, however,
preclude additional structures and/or improvements
necessitated by changing law or technology 'to keep the
plant functioning at or below the 1,500,000 g.p.d. level.
9. A representative of FCWC will meet with the Golden Gate
Civic Association, or other group as may be designated by
the County Commission".ona bi-monthly basis during
construction. Thereatter, area residents may meet with a
FCWC representative on the second Monday of every month
at its already scheduled meetings with the Golden Gate
Water Utility Committee. ,
10. When the exis~ing holding tanks next require painting,
FCWC will receive input from area residents regarding the
color of the tanks. FCWC will paint the tanks a
reasonable color..agr'led upon with the group referred to
in number 9 above.
ll. Noncompliance with any of the conditions of the
conditional use permit imposed by the County Commission
shall result in further proceedings before the Board of
County Commissioners or an appropriate code enforcement
board.
12. Asphaltic sidewalk/bike path shall be constructed along
the west side of Tropicana Boulevard and north side of
32nd Avenue S.W. adjacent the subject property on or
before issuance of a Certificate of Occupancy/Completion
of digester facility plant addition.
lOB
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Saunders
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Nocris
and upon roll call, the vote was:
AYES: Commissioner Saunders" Commissioner Norris" Commissioner Volpe"
Commissioner Matthews~ and Commissioner Constantine
NAYS'
,ABSENT AND NOT VOTING:
ABSTENTION:
Done this
26th
, 1994.
July
day of
,
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ATTES71:r.~ ,; ,'.'
" 'D!fIGHT:E. '~I!OCK"
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CLERK
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7;AP 'ROVED;'l\S Td; FORM AND
'~E AL SU~FIC~~CY:
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'.MARJOSIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-1 RESOLUTION
mh/l1l98
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10 B
FINDING OF FACT
.,.... '.... BY ..'___..,_ "_ ,_ ___.... _"_"
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL US;:: PETITION
FOR
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CU-94-1
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 Pla~
Yes ~ No
B. Ingress and egress to property and proposed
structures,thereori with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control-i' and access in case of
fire or catastrophe: ....,,, '" .
Adequate ingress ~gress
Yes ~ No
c. Affects neighboring properties in relation to
noise, glare, economic or o~or effects:
No affect or ~ Affect mitigated by '~~e9Jf--
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible Use within d~trict
Yes No ~
Based on the above findings, this C~ll.l""Q"'~ should,
with stipulations, (copy attached) should not e ~'
recommended for approval .' ,:
DATE: s7/1 / '/(,1. , CHAIRl1A~tt;-LC'{-tA" C~~
,
FINDING OF FACT CHAIRMAN/md
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10 B
LEGAL DESCRIPTION
ALL OF BLOCKS 255, 257 AND 258, THE 20 FOOT WIDE ALLEY
BETWEEN BLOCKS 255, 257 AND 258. ALL OF 31ST AVENUE
SOUTHWEST BOUNDED BY BLOCK 258 AND THE WEST RIGHT-OF-HAY LIHE
OF TROPICANA BOULEVARD, ACCORDING TO THE PLAT OF GOLDEN GATE
UNIT 7, A SUBDIVISION OF PORTIONS OF SECTIONS 27 AND 28,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 5, AT PAGES ,135 THROUGH 146 OF'THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT "B"
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