Ordinance 92-017 ! ORDINANCE 92- 17.
PROVIDING FOR THE ESTABLISHMENT O
AND CULTURAL FACILITIES CONDITIONAL USE
· M~ ZONING DISTRICT FOR PROPERTY LOCATED IN
10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, o
COLLIER COUNTY, FLORIDA; BY ESTABLISHING THE
RELATIONSHIPS BETWEEN ORDINANCES AND RESOLUTION~
GRANTING CONDITIONAL USES; AND BY PROVIDING AN
EFFECTIVE DATE.
.WHEREAS, the Legislature of the State of Florida in Chapter
'-1246, Laws of Florida, and Chapter 125, ~'lorida Statutes, has
,ed on Collier County the power to establish, coordinate and
~force zoning and such business regulations as are necessary for
ie protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Code (Ordinanc,~ No. 91-102) which includes a
~ehensive Zoning Ordinance establishing regulations for the
of particular geographic divisions of the County, among
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
~ly appointed and constituted planning board for the area hereby
has held a public ,hearing after notice as in said
made and provided, and has considered the advisability
~ditional Use "3" in an MH zone for civic and cultural
on the property hereinafter described, and has found as
of fact (Exhibit "A") that satisfactory provision and
'ement has been made concerning all applicable matters
by said regulations and in accordance with Subsection
7~4~.4 of the Land Development Code for the Collier County
i~n~ing co~ission; a~d
'WHEREAS, all interested parties have been given opportunity to
~heard by this Board in a public meeting assembled and the Board
~ving considered all matters presented.
NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF ZONING APPEALS
Couhty, Florida that:
3'07
" AO0~ PA~T
ECTION ONE: Grant of Conditional Use.
The petition filed by William J. Edixon of Edixon Engineering,
c., representing Cross Creek Pool & Social Club, Inc. with
.
~spect to the property hereinafter described as:
Exhibit.,B" which is attached hereto and incorporated by
reference herein
and the same is hereby approved for Conditional Use "3" of the
zoning district for civic and cultural facilities in accordance
the;Conceptual Master Plan (Exhibit "C") and subject to the
g conditions:
Exhibit "D" which is attached hereto and incorporated by
reference herein.
:ECTION TWO: Relationship Between Ordinance and Resolution
Granting Conditional Use.
In£the event that it should be determined that the grant of
~nditional uses should be by resolution, then this Ordinance shall
a resolution for such purpose.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon receipt of notice'
the Secretary of State that this Ordinance has been filed with
Secretary of State.
i~ASSED AND DULY ADOPTE~ by the Board of Zoning Appeals of
Florida, this 10th day of
1992.
~ BOARD OF ZONING APPEALS
~LERK COLLIER C~UNT~, FLORIDA
C. ~'ILES, CLERK
:%: ,: : : : This ora'lnat~ce filed wl~
. ? Secre~ of State's Offlc~
to form and and ocknow~gem~t
!.sufficiency: fl~ng received mis/4~ c~
M. Sgudeng
Couqty Attorney
:SOL io. .o,
BY
COLLIER COUNTY PLARNING COM~ISSION
'' A CONDITIONAL USE PETITION
,' FOR
CU-9 I-2 !
facts are found:
2.2.10.3(3) of the Land Devlopment
iaut~orized the conditional use.
the conditional use will not adversely affect
,ublic interest and will not adversely affect other
.'or uses in the same district or neighborhood
i; because of:
A. Consistency with the Land Development Code and
ii; Growth~anagemen~ Plan:
~ B. Ingress and egress to property and proposed
~.~ .structures thereon with particular reference to
i~i ''~utomotive and pedestrian safety and convenience,
traffic flow and Control, and access in case of
fire or catastrophe:
. Adequate ingress & egress
· Yes' ~ No
C. Affects neighboring proper~ies in relation to
no%s~, glare, economic or odor effects:
~' No affect .or
__Affect mitigated by__
, Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible.us/within district
Yes t/No ..
on the above findings, this conditional use should,'
stipulatio~attached) (should not) be
~Commehded fo~ '
OF FACT CHAIRMAN/md
~.'~
Rlver~ood East:, Unit: &, Phase III, according t:o the Plat:
recorded In Plat: ~ook 18, Page 50, o~ the Public Records
Collier County;' ~lo~te.
I, William J. Edixon of Edixon Engineering, Inc., as
lthorized agent for Petition CU-91-21, agree to the following
requested by the Collier County Planning
.ssion in their public hearing on February 20, 1992.
.The Planning Services Manager, may approve minor changes
%'in' the location, siting, or height of buildings,
structures, and improvements authorized by the conditional
use. Expansion of the uses identified and approved within
this condit%onal use application, or major changes to the
site plan submitted as part of this application, shall
require the submittal of a new provisional use
application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including
Division 3.3, Site Development Plan Review and approval,
of the Collier County Land Development Code (Ord. No.
91-102).
MANAGEMENT A~D ENGINEERING:
i."TypiCal cross-sections of retention areas and indication
~of seasonal water table in relation to bottom of pond
shall be provided. Bottom of swale shall be at least one
· {1) foot'above the seasonal high water table.
~pical cross-section of paved area shall be provided.
Preliminary water management calculations shall be
provided. This project shall be designed in accordance
with South Florida Waer Management District rules for
water quality.
Provide a letter or permit modification from the South
Florida Water Management DistriCt prior to final
construction plan approval. ·
No landscaping shall be placed in water management areas
unless 'specifically approved by Project Review Services.
Provide a letter from utility company allowing landscaping
encroachment in the easement.
EXHIBIT "D"
Vegetation Relocatio~ 'Plan shall be submitted for review
~:.....and: approval The plan shall indicate the relocation of
cabal palms and oaks on-site or to other lots within
Riverwood~ If relocation is on-site, protective barriers
'.shall also be indicated.
1992.
~sSION E~I~S ~
SWO~ ~ ~D S~SCRIBED BEFO~ ME THIS ~ ~ DAY
~~992 ·
AG~ SHE~
COLLIER
I, JAMES C. GILES, Clerk of Courts ~n and for the
Twentieth Judicial Circuit, Collier County, Florida, do
'~hareby certify that the foregoing is a true CODy of:
Ordinance No. 92-1~
' ~ was adopted by the Board of County Commiss~oners on
f~he lO~h day of March, ~992 during Regular Session.
WITNESS my hand and the official seal of the Board of
.~;-c ,. C°~ssl°ners of Co'll~er County, Florida, ~hts 12th
of March, ~992.
~'. ,' JAMES C. GILES
~ ~c,7' Clerk of Courts and C " " "
'~ le~....~,.. .. .
' Ex-offic~o to Board of ,~.' ."'.'.~':" '~.
· · County Commissioners
By: /s/El2te lion,man .~ '.* .'***~
Deputy Clerk ,~,/~*~
.... 314