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Resolution 1993-212E MAY 25, 1993 RESOLUTION 93-212E A RESOLUTION DENYING THE APPEAL OF THE LONG RANGE PLANNING DIRECTOR'S DETERMINATION ON THE COMPATIBILITY EXCEPTION APPLICATION NUMBER CEX-034-MI FOR PROPERTY LOCATED ON WATERWAY DRIVE IN SECTION 16, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Article VIII, Section 1 (f) of the Constitution of Florida confers on counties broad ordinance-making power when not inconsistent with general or special law; and WHEREAS, Chapter 125.01, Florida Statutes, confers on all counties in Florida general powers of government, including the ordinance-making power and the power to plan and regulate the use of land and vater; and WHEREAS, Chapter 163, Part II Florida Statutes, requires local governments to adopt a comprehensive plan and Chapter 9J-5, Florida Administrative Code, establishes the criteria for adopting a comprehensive plan; and WHEREAS, on January 10, 1989, Collier County adopted the COllier County Growth Management Plan as its Comprehensive Plan pursuant to the requirements of Chapter 163, . Part II Florida statutes, also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code, also known as the Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance; and WHEREAS, Policy 3.1.K of the Future Land Use Element of the Growth Management Plan provides for a Zoning Reevaluation Program including provisions for Exemptions, Compatibility Exceptions, and Vested Rights Determinations; and WHEREAS, the County adopted the Zoning Reevaluation Ordinance 90-23 on March 21, 1990 to implement Policy 3.1.K of the Future Land Use Element of the Growth Management Plan; and WHEREAS, the Zoning Reevaluation Ordinance provides for applications to preserve the existing inconsistent zoning in certain situations pursuant to Section 2.4 (Exemptions), Section 10 (Compatibility Exception), and Section 11 (Determination of Vested Rights); and aOOK OOO~1'i! 50 - .33 MAY 25, 1993 WHEREAS, the owner of the herein described real property, Isaac Karchakian, Trustee, has submitted an application for Compatibility Exception (CEX-034-MI) pursuant to Section 10 of the Zoning Reevaluation Ordinance; and WHEREAS, based upon the criteria for granting Compatibility Exceptions contained in Section 10.6.1 of the Zoning Reevaluation Ordinance, the Long Range Planning Director's determination vas to deny that application; and WHEREAS, the owner of the herein described real property filed an appeal of the Director's determination to the Board of County ColaIIissioners, as provided for in Section 10.5 of the Zoning Reevaluation Ordinance; and WHEREAS, on May 25, 1993 the Board of County commissioners considered the application for Appeal of the Long Range Planning Director's determination on the Compatibility Exception application, the Long Range Planning Director's recommendation, and the record made before the Board of County Commissioners at said hearing. NOW, THEREFORE, the Board of County commissioners of Collier County, Florida hereby makes the following Findings of Fact and COnclusions of Law: Findinas of Fact 1. The unimproved real property which is the subject of this appeal is owned by Isaac Karchakian, Trustee. 2. The subject property is legally described as Lot 3, Block 799, Marco Beach Unit 6, Tract L Replat, according to the Plat thereof, recorded in Plat Book 12, Pages 55-56, of the Public Records of Collier County Florida. 3. The subject property is located at Waterway Drive, 450t feet west of Bald Eagle Drive (CR-953). It is designated Urban Coastal Fringe on the Future Land Use Map. The base density permitted on the subject property. by the Density Rating System contained in the Future Land Use Element is 4 units per acre. The aoGK -2- d. OCOn?. 50 -3 I MAY 25, 1993 site is vithin the Traffic Congestion Area resulting in the subtraction of 1 unit per acre yielding a consistent (base) density of 3 units per acre. The maximum density permitted on the subject site is 6 units per acre vhich may achieved through utilization of the COnversion of Commercial Zoning provision. 4. The existing zoning of the subject property is C-l, Commercial PrOfessional, vhich permits commercial professional uses vithin structures at a maximum height of 35 feet. Setback requirements are 25 feet for the front yard, l5 feet for the side yard and 15 feet for the rear yard. 5. The C-l zoning district is inconsistent with the Growth Management Plan because it permits commercial uses which do not comply vith the locational criteria contained in the Future Land Use Element. 6. The applicant submitted to the County on November 27, 1990, an application for Compatibility Exception (CEX-034-MI) as provided for in Section 10, Compatibility Exception, of the Zoning Reevaluation Ordinance. 7. The Long Range Planning Director's determination for said application, issued on February 10, 1993, and effective on February 23, 1993, vas for denial based upon the criteria established in Section 10.6.1 of the Zoning Reevaluation Ordinance. 8. The applicant filed vith the County on March 24, 1993, an Appeal of the Long Range Planning Director's determination of denial for the Compatibility Exception application as provided for in Section 10.5 of the Zoning Reevaluation Ordinance. 9. An Exemption application as provided for in Section 2.4.5 of the Zoning Reevaluation Ordinance vas not submitted and such application vould not have been eligible for approval as the subject property does not meet the criteria contained in subsections 2.4.5.1 or 2.4.5.2 of the Zoning Reevaluation Ordinance. 10. Within 300 feet to the north of the subject property the properties are vacant and zoned C-l and also subject to the Zoning lOOK 000 H.?. 50 - .35' -3- MAY 25, 1993 Reevaluation Program. All properties are designated Urban Coastal Fringe, the same as the subject lot. 11. Within 300 feet to the east of the subject property and across Waterway Drive, all properties are vacant and zoned C-1 and also subject to the Zoning Reevaluation Program. All properties are designated Urban Coastal Fringe, the same as the subject lot. 12. Within 300 feet to the south of the subject property all properties are vacant and zoned C-l and also subject to the Zoning Reevaluation Program. All properties are designated Urban Coastal Fringe, the same as the subject lot. 13. Within 300 feet to the vest of the subject property is Castavays Waterway. Across the vaterway are scattered single taaily dvellings vithin an improved subdivision zoned RSF-4. All properties are designated Urban Coastal Fringe, the same as the subject lot. 14. The subject property is irregular in shape and contains tl.2 acres. The parcel measures approximately 210 feet by 250 feet. 15. The property has no unusual topographic features. 16. There are no identified areas of environmental sensitivity on the site. 17. The existing zoning district boundary is logically drawn in relation to existing conditions on the subject property. 18. Development permitted under a consistent zoning district (RMF-12 vith a maximum density of 6 units per acre) would not generate excessive noise, glare, odor or traffic impacts upon the nearby surrounding area. 19. Development in the nearby surrounding area will not generate excessive noise, glare, odor or traffic impacts upon development permitted on the subject property under a consistent zoning district (RMF-12 vith a maximum density of 6 units per acre). 20. Development permitted under the existing zoning district (C-1) vould not generate excessiv~ noise, glare, odor or traffic impacts upon the nearby surrounding area. aOOK fJOO Pl~ 50. 3~ -4- MAY 25, 1993 21. Development in the nearby surrounding area will not generate excessive noise, glare, odor or traffic impacts upon development permitted on the subject property under the existing zoning district (C-1). 22. Development of the subject site at a consistent density of 6 units per acre vould yield a total of 7 dwellinq units. Utilizing the ITE TriD Generation Manual figure of approximately 5.8 trips per day per multi-family unit, a 7 unit mUlti-family project vould generate 41 trips per day. 23. Utilizing an acceptable standard of 10,000 square feet of commercial development (floor area) per acre, the SUbject site could developed under the existing zoning district with a 12,000 square foot structure. Utilizing the ITE TriD General Manual figure of approximately 24 trips per day per 1,000 square feet of floor area, a 12,000 square feet qeneral office development could qenerate 288 trips per day. A general office building isa representative use of the commercial uses permitted in the C-1 Zoning District. Some permitted commercial uses have a lover, and some higher, trip generation rate than a general office building. 24. The subject property is bounded to the east by Waterway Drive. Waterway Drive is a tvo-lane undivided road vith a 100' riqht-of-vay. As a local road, it has no adopted Level of Service (LOS) standard and traffic counts are not available from the Transportation Services Division. Bald Eagle Drive (CR-953), located t450 feet to the east, is a two-lane undivided collector road vith a 100' right-Of-way. Its adopted LOS is "D" and its operating LOS is "D". The Traffic circulation Element of the Growth Manaqement Plan does not identify future improvements to Bald Eagle Drive (CR-953). 25. The scale and character of development permitted under a consistent zoning district (RMF-12 vith a maximum density of 6 units per acre) is a mUlti-family project with structures at a maximum height of 50 feet. 26. The scale and character of development existing and permitted vithin the nearby surrounding area includes vacant aDM -5- OOO~ 50 - j? MAY 25, 1993 co.mercially zoned property to the north, east and south. Properties to the west, across Castavay Waterway, are zoned and developed vith single family uses. 27. The scale and character of development permitted under the existing zoning district (C-1) is professional office and siailar uses as permitted in the C-l Zoning District vith structures at a maximum height of 35 feet. 28. There is no particular need identified for additional commercial development in the surrounding neighborhood. Conclusions of Lav Based upon the above Findings of Fact, the Board of County Commissioners makes the following Conclusions of Law: The Long Range Planning Director's determination of denial for the Compatibility Exception application number CEX-034-MI is supported by substantial competent evidence and is not contrary to the criteria established in Section 10.6 of the Zoning Reevaluation Ordinance in that: The appellant has not demonstrated by substantial competent evidence that the residential land use of 6 dwelling units/acre vould be incompatible with the land uses and potential land uses identified in Findings of Fact 110-13 set forth above and has not demonstrated that the Director's determination is contrary to the criteria established in Section 10.6 of the Zoning Reevaluation Ordinance taking into account the following: 1. The subject property is not eligible for a Compatibility Determination Exemption pursuant to Section 2.4 of the Zoning Reevaluation Ordinance as the property does not meet the criteria contained in subsections 2.4.5.1 and 2.4.5.2 of the Zoning Reevaluation Ordinance. 2. The land use patterns, densities and intensities allowed under zoning districts consistent vith the Growth Management Plan (RMF-12 with a maximum density of 6 units per acre) on the subject aDOK om~?. 50 - 3 f' -6- MAY 25, 1993 property are compatible with those existing on property within the nearby surrounding area of the subject property. 3. The land use patterns, densities and intensities allowed under the existing zoning district (C-1) on the subject property are compatible vith those existing on property within the nearby aurrounding area of the subject property. 4. The existing zoning district boundaries are logically drawn in relation to existing conditions on the subject property. 5. A consistent zoning district (RMF-12 with a maximum density of 6 units per acre) on the subject property will not adversely impact the nearby surrounding area. 6. A consistent zoning district (RMF-12 vith a maximum density of 6 units per acre) on the subject property viII not be adversely impacted by the nearby surrounding area. 7. The existing zoning district (C-l) on the subject property viII not adversely impact the nearby surrounding area. 8. The existing zoning district (C-1) on the subject property viII not be adversely impacted by the nearby surrounding area. 9. A consistent zoning district (RMF-12 vith a maximum density of 6 units per acre) viII not create or excessively increase traffic congestion or otherwise affect public safety. 10. The existing zoning district (C-1) viII not create or excessively increase traffic congestion or otherwise affect public safety. 11. The level of existing traffic vould not have an adverse impact on a consistent zoning district (RMF-12 with a maximum density of 6 units per acre). 12. The level of existing traffic vould not have an adverse impact on the existing zoning district (C-1). 13. A consistent zoning district (RMF-12 with a maximum density of 6 units per acre) vill not be out of scale or out of character vi th the existing land uses and needs of the nearby surrounding neighborhood. &DDK fJOO~ 50 - 3? -7-