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Resolution 1993-212G .., RESOLUTION 93- 212G MAY 25, 1993 A RESOLUTION DENYING THE APPEAL OF THE LONG RANGE PLANKING DIRECTOR'S DETERMINATION ON THE COMPATIBILITY EXCEPTION APPLICATION NUMBER CEX-036-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 ot land and water; 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 ot Chapter 163, Part II Florida Statutes, also known as the Local Government Comprehensive Planning and Land Development Regulation Act ot 1985 and Chapter 9J-5, Florida Administrative Code, also known as the Minimum criteria tor Review ot Local Government Comprehensive Plans and Determination ot Compliance; and WHEREAS, Policy 3.1.K ot the Future Land Use Element ot the Growth Management Plan provides tor 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 tor applications to preserve the existing inconsistent zoning in certain situations pursuant to Section 2.4 (Exemptions), Section 10 &o1IK OOOnr,r 50-.50 t MAY 25, 1993 (Compatibility Exception), and Section 11 (Determination of Vested Rights); and WHEREAS, the owner ot the herein described real property, sigwart MOhrle, Trustee, has submitted an application for Compatibility Exception (CEX-036-KI) pursuant to Section lOot the Zoning Reevaluation Ordinance; and WHEREAS, based upon the criteria for granting Compatibility Exceptions contained in Section 10.6.1 ot the Zoning Reevaluation Ordinance, the Long Range Planning Director's determination was to deny that application; and WHEREAS, the owner ot the herein described real property tiled an appeal of the Director's determination to the Board of County CoJmissioners, as provided tor 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 ot County Commissioners at said hearing. NOW, THEREFORE, the Board of County Commissioners ot Collier County, Florida hereby makes the following Findings of Fact and Conclusions ot Law: Findinas of Fact 1. The unimproved real property which is the subject at this appeal is owned by Sigwart MOhrle, Trustee. 2. The subject property is legally described as Lot 5, Block 799, Marco Beach Unit 6, Tract L Replat, according to the Plat thereat, recorded in Plat Book 12, Pages 55-56, at the Public Records ot Collier County, Florida. 3. The subject property is located at Waterway Drive, soot feet west of Bald Eagle Drive (CR-953). It is designated Urban aOOK 000 Plr;l 50..:$" / MAY 25, 1993 Coasbll Fringe on the Future Land Use Map. The base density permitted on the subject property by the Density Rating System contained in the Future Land Use Element is 4 units per acre. The site is within the Tratfic Congestion Area resulting in the subtraction ot 1 unit per acre yielding a consistent (base) density ot 3 units per acre. The maximum density permitted on the subject site is 6 units per acre which may be achieved through utilization of the Conversion of Commercial Zoning provision. 4. The existing zoning ot the subject property is C-1, CoJmercial Protessional, which permits commercial professional uses within structures at a maximum height of 35 feet. Setback requirements are 25 feet for the front yard, 15 feet for the side yard and 15 teet for the rear yard. 5. The C-1 zoning district is inconsistent with the Growth Management Plan because it permits commercial uses which do not comply with the locational criteria contained in the Future Land Use Element. 6. The applicant submitted to the County on November 27, 1990, an application for Compatibility Exception (CEX-036-MI) as provided tor in Section 10, Compatibility Exception, ot the Zoning Reevaluation Ordinance. 7. The Long Range Planning Director's determination for said application, issued on February 10, 1993, and effective on February 23, 1993, was for denial based upon the criteria established in Section 10.6.1 of the Zoning Reevaluation Ordinance. 8. The applicant filed with the County on March 24, 1993, an Appeal of the Long Range Planning Director's determination of denial for the Compatibility Exception application as provided tor in Section 10.5 of the Zoning Reevaluation Ordinance. 9. An Exemption application as provided for in Section 2.4.5 ot the Zoning Reevaluation Ordinance was not submitted and such application would not have been eligible for approval as the subject property does not meet the criteria contained in aDOK 000 PA<;t 50..$ ~ -3- MAY 25, 1993 subsections 2.4.5.1 or 2.4.5.2 ot the Zoning Reevaluation Ordinance . 10. Within 300 teet to the north of the subject property are vacant lands which are zoned C-l and are also subject to the Zoning 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, across Waterway Drive, all properties are vacant and zoned C-1and are also subject to the Zoning Reevaluation Program. All properties are designated Urban Coastal Fringe, the same as the subject lot. 12. Within 300 teet to the south ot the subject property, all properties are vacant and zoned C-1 and are also subject to the Zoning Reevaluation Program. All properties are designated Urban Coastal Fringe, the same as the subject lot. 13. Within 300 teet to the west of the subject property is castaways Waterway. 14. The subject property is square in shape and contains :1:.92 acres. The parcel .easures approximately 200 teet by 200 teet. 15. The property has no unusual topographic features. 16. There are no identified areas ot environmental sensitivity on the site. 17. The existing zoning district boundary is logically drawn in relation to exis~ing conditions on the subject property. 18. Development permitted under a consistent zoning district (RMF-12 with a maximum density of 6 units per acre) would not generate exoessive noise, qlare, 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 with a maximum density of 6 units per acre). lOOK 000 P&C,{ 50 -..5 .3 -4- MAY 25, 1993 20. Development permitted under the existing zoning district (C-1) would not generate excessive noise, glare, odor or traffic lapacts upon the nearby surrounding area. 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 would yield a total ot 6 dwelling units. UtiliZing the lTE TriD Generation Manual figure of approximately 5.8 trips per day per multi-tamily unit, a 6 unit multi-family project would generate 35 trips per day. 23. Utilizing an acceptable standard of 10,000 square feet of commercial development (floor area) per acre, the subject site could be developed under the existing zoning district with a 9,200 square foot structure. Utilizing the ITE TriD Generation Manual tigure of approximately 24 trips per day per 1,000 square feet of floor area, a 9,200 square foot general office development could generate 221 trips per day. A general office building is a representative use of the commercial uses permitted in the C-1 district. Some permitted commercial uses have a lower, 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 two-lane undivided local road with a 100' right-of-way. As a local road, it has no adopted Level of Service Standard and traftic counts are not available from the Transportation Services Division. Bald Eagle Drive (CR-953), t500 feet to the east, is a tWo-lane undivided collector road with a 100' right-of-way. Its adopted LOS is "D and its operating LOS is "D" The Traffic Circulation Element of the Growth Management 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 with a maximum density ot 6 aOOK 000 P~~E 50 - .sf -5- . . MAY 25, 1993 units per acre) is a multi-family project with structures at a aaximum height of 50 feet. 26. The scale and character of development existing and permitted within the nearby surrounding area includes vacant COJIIIIlercially zoned property to the north, east and south. Further south is the Marco Island Urgent Care Center which is located on COJIIJDercially zoned property. Across Castaway Waterway to the west are properties zoned and developed with single family uses. 27. The scale and character ot development permitted under the existing zoninq district (C-1) is professional office and other siailar uses permitted in the C-1 Zoning District with a maximum height ot 35 teet. 28. There is no particular need identified for additional COJIIJDercial development in the surrounding neighborhood. Conclusions of Law Based upon the above Findings ot Fact, the Board of County Commissioners makes the tollowing ConClusions ot Law: The Long Range Planning Director's determination ot denial for the Compatibility Exception application number CEX-036-MI is supported by substantial competent evidence and is not contrary to the criteria established in Section 10.6 ot 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 would be incompatible with the land uses and potential land uses identitied in Findinqs of Fact #10-13 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 riot eligible for a Compatibility Determination Exemption pursuant to Section 2.4 of the Zoning Reevaluation Ordinance as the property does not meet the criteria a* OOOnr,r 50 ~ MAY 25, 1993 contained in subsections 2.4.5.1 or 2.4.5.2 of the Zoning Reevaluation Ordinance. 2. The land use patterns, densities and intensities allowed under zoning districts consistent with .the Growth Management Plan (RKF-12 with a maximum density of 6 units per acre) on the subject 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 with those existing on property within the nearby surrounding area ot 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 with a maximum density ot 6 units per acre) on the subject property will not be adversely impacted by the nearby surrounding area. 7. The existing zoning district (C-1) on the subject property will not adversely impact the nearby surrounding area. 8. The existing zoning district (C-l) on the subject property will not be adversely impacted by the nearby surrounding area. 9. A consistent zoning district (RMF-12 with a maximum density ot 6 units per acre) will not create or excessively increase traftic congestion or otherwise affect public safety. 10. The existing zoning district (C-1) will not create or excessively increase traffic congestion or otherwise aftect public safety. 11. The level of existing traffic would not have an adverse impact on a consistent zoning district (RMF-12 with a maximum density ot 6 units per acre) IDle OOOnr;. 50 -sC -7- MAY 25, 1993 12. The level of existing traftic would not have an adverse iapact on the existing zoning district (C-l). 13. A consistent zoning district (RMF-12 with a maximum density of 6 units per acre) will not be out of scale or out of character with the existing land uses and needs of the nearby surrounding neighborhood. 14. The existing zoning district (C-1) will not be out of scale or out ot character with the existing land uses and needs of the nearby surrounding neighborhood. Denial of Comnatibilitv Exceotion Aooeal NOW, THEREFORE, BE IT RESOLVED by the Board of County COmmissioners ot Collier County, Florida, in public hearing, duly constituted and assembled on this, the 25th day of May, 1993, that: The Appeal ot the Long Range Planning Director's determination of denial tor the Compatibility Exception application number CEX- 036-MI tor the herein described real property, submitted by William Burke, attorney, ot Hughes, HUbbard, and Reed, agent tor Sigwart Mohrle, is denied. It is the intent of the Board to rezone the subject property to the RMF-12 zoning district with a density cap at six (6) units per acre, a district consistent with the Growth Management Plan via utilization ot the Conversion of Commercial Zoning provision contained in the Future Land Use Element. .)., ~ . : '''i!,:'his Resolution adopted after motion, second and majority vote .' ~'- favor~g same. ~~fllj ilr . ,"ATTEST: "': ... t~ ' ..... '" ,: .' , .. ..~~:;::. '. '.. ~'7 · . ~. ,.. 1/'1 ~iB L' ::. .,.; ... ght E;; ,. Clerk J , :; -. . ;.,. ... :"..- : ..: . ~iPJ'ROVED.AS..a;(kFORM AND 'L~M.-' S.qF~IEKCY: I Hpt. aOOl Ma~ t;;-~ st~nt I1J I d.L,li:. Assistant County Attorney fmm.cllZZlUalA.... . -8-