Ordinance 92-052 ORDINANCE 92- 5?
TAN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
SEWAGE TREATMENT PLANT, INCLUDING PERCOLATI~
ONDS, CONDITIONAL USE IN THE "I" INDUSTRIAL
NING DISTRICT PURSUANT TO SUBSECTION 2 OF
CTION 2.6.9 (ESSENTIAL SERVICES) OF THE
LLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
CATED IN SECTIONS 26 AND 27, TOWNSHIP 48 SOU]H4,
GE 25 EAST, COLLIER COUNTY, FLORIDA; BY
TABLISHING THE RELATIONSHIPS BETWE~{ ORDINAN~S
AND RESOLUTIONS GRANTING CONDITIONAL USES; AND
PROVIDING AN EFFECTIVE DATE.
W~EREAS, 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 zoning and such business regulations as are necessary for
the protecti~n of the public; and
W~EREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
CompreheDsive 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 publi¢~.hearing after notice as in said
regulations made and provided, and has considered the advisability
of Conditional Use pursuant to Subsection 2 of Section 2.6.9
(Essential Services). in an "I" Industrial zone for a sewage
treatment plant, including percolation ponds, 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 ~onsidered all matters presented.
NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
SE ION ONE: Grant of Conditional Use.
The petition filed by Robert L. Ouane of Hole, Montes &
Aseociates, Inc., representing Collier County Water-Sewer District
with respec~ to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the"same is hereby approved for Conditional Use pursuant to
Subsection 2 of Section 2.6.9 (Essential Services) in an "I"
Industrial zoning district for a sewage treatment plant, including
percolat'~0n ponds, in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Exhibit #D" which is attached hereto and incorporated by
reference herein.
SE~ION ~0: Relationsh~p Between Ordinance and Resolution .,~.z~.. Granting Conditional Uso.
~., ..,In.,the event that it should be dete~ined 'that the grant of
conditional uses. should be by resolution, then this Ordinance shall
constitute a resolution for such pu~ose.
SE~ION ~EE: Effective Date.
~is. Ordinance shall become effective upon receipt of notice
from the Secreta~ of State that this Ordinance has been filed with
the-Secreta~ of State. . .
PASSED ~ D~Y ~~ by the Board of Zoning Appeals of
Collier County, Florida, ~his ~ day of
BO~ OF ZONING APP~LS
~o~ of State's Offic~_
'~ a~ ~edge~nt of. that ·
~-92-7 ORDINatE
FINDING OF FACT
COLLIER COMITY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
,. FOR
CU-92-7
The following facts are found:
' 2~6.9.2
1. Section
~ Services) of the Land Devlopment
Code authorized thu conditional use.
2. Granting the conditional use will not adversely affect
th~bll~;fnterest'-and'will not adversely affect other
property or uses in the same district or neighborhood
because of:
A~'~' ~Const'stency with the Land.Development Code and
Growth Hanagemo~ Plan:
Yes u/No ..
B. Ingress and egress to property and proposed
.structures thereon with particular reference to
'automotive and pedestrian safety and convenience, ;.
traffic flow and control, and access in case of
' 'fire or Catastrophe:
.Adequate ingress/i egress.
Yes' v/No "~
C. Affects neighboring properties in relation to
noise/glare, economic or odor effects:..
........ ~/ No affect .or . Affect mitigated by
__Affect cannot be mitigated
D. Compatibility with adjacent propertie~ and
other property in the district:
Compatible us~'wtthin district
Yes V'No ,,
Based on the above findings, this..conditional use should,
· . with stipulations, (copy atta~h$~) (s~ould not) be
recommended for approval /4 6~//VA~ .
I]54 215
.i' FINDING '.OF FACT CHAIRMAN/~I PIti
EXHIBIT "A"
" "' PROPERTY DESCRIP~ON
A PARCEL OF 1AND LOCATED IN THE EAST 1/2 OF SECTION 27. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COllIER COUNTY,
FLORIDA, BEING I~ORE PAR11CULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT' THE NORTHEAST CORNER OF SEC'~ON 27. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORID~
THENCE RUN S. 00'27'07' E.. ALONG THE EAST LINE OF THE NORTHEAST I/4 OF SAID SEC~ON 27, FOR A DISTANCE OF
I;314.75 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 27 AND THE ~OINT OF
BEGINNING OF-THE PARCEL OF LAND HEREIN DESCRIBED: TIIENCE CONTINUE S. 00'27'02' E.. ALONG THE EAST UNE OF THE
NORTHEAST 1/4 OF SAID SECTION 27, FOR A DISTANCE OF 1;314.72 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 27:
THENCE RUN S. 00'2g'24' E.. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 27, FOR A DISTANCE OF
2640.87 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 27; THENCE RUN N. 88'4g'35' W., ALONG THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SAID SEC~ION 27. FOR A DISTANCE OF 772.81 FEET TO A P(~NT ON THE EASTERLY RIGHT-OF-WAY LINE
OF THE FORMER SEABOARD COASTLINE R~JLROAD RIGHT-OF-WAY AS THE SAME IS DESCRIBED IN THE DEED RECORDED IN O.R.
BOOK 992 AT PAGE
EASTERLY RIGHT-OF-WAY LINE OF THE FORMER SEABOARD COASTLINE RAILROAD, FOR A DISTANCE OF 5077.90 FEET TO A POINT
221;3.74 FEET SOUTHERLY OF, AS MEASURED ALONG SAID EASTERLY RIGHT-OF-WAY UNE, THE NORTH UNE OF THE NORTHEAST
I/4 OF SAID SECTION 27; THENCE RUN
W. FOR A DISTANCE OF 886.02 FEET; ~H. ENCE;RUN S. 89"28'25' E. FOR A DISTANCE OF 677.51 FEET TO THE POINT OF
BEGINNING. CONTAINING 75,7455 ACRES,
·
AND
THE WEST'32.00 FEET OF THE SOUTH ly~2 OF;THE SOUTH
COUNTY, FLORIDA, BEING MORE pARTICU.1ARLY.;D. ESCRIBED AS FOLLOWS:
:
BEGIN AT THE SOUTHWEST CORNER OF SECTION'26, TOWNSHIP 48 SOUTH, RANGE 2.5 EAST, COLMER COUNTY, FLORIDA; THENCE
RUN N. 00'29'24' W., ALONG THE WEST'UNE O~: THE SOUTHWEST 1/4 OF SAID SECTION 26, FOR A DISTANCE OF 1.320.44
FEET TO THE NORTHWEST CORNER OF THE SOUTH I/2 OF THE SOUTH 1/2 OF SAID SECTION 26; THENCE RUN S. 89'.39'18'
E., ALONG THE NORTH UNE OF THE SOUTH I/2(OF THE SOUTH I/2 OF SAID SECTION 26, FOR A DISTANCE OF 52.00.FEET;
THENCE RUN S. 00'29'24' E., PARALLEL.' WITH THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 26, FOR A
DISTANCE OF 1320.49 FEET TO THE SOUTH UNE. OF THE SOUTHWEST 1/4 .OF SAID SECTION 26; THENCE RUN
N. 89'.33'15' W., ALONG THE SOUTH LINE.OF THE SOUTHWEST 1/4' OF SAID SECTION 26, FOR A DISTANCE OF .3?_00 FEET
TO THE pOINT OF BEGINNING. CONTAINING. O.97. ~CR.E,. MORE OR LES~
~Ct 1 I. '
EXHIBIT #B"
~' '" i FIGURE
· , .... ~" I~ORTH COUt,q'~'
,, ', ,.' P~(~ONAL WASTEWATER
;' ,' .* , 'TREATMENT PLANT
' F"-I --,,~ :' .'
%
~',"~'"'~.~*',,~ ~, " ',. ',. .,~ .., .COUNTY WATEA-SL'W~ DISTRICT :~.~
' ' HORll. I OOUI,{'fY R~:GI(:~I,IZ.- .-' ' '
~ WAS'I~tATER TREA'~ENT ......
' Envl~eam,ent~l Eantae~rs & $cleallsls P'~NT
"~ '"" CONCEPTUAL' SITE' PLAN
,. ' ~v[~.~ -.-----,--.-~ ¢ONDrrlONAL USE APPLICATION
~!$~i I, Robert L. Duane, of Hole, Montes & Associates, Inc., as
.... authorized agent for Petition CU-92-7, agree to the following
~', stipulations requested by the Collier County Planning
~ Commission in their public hearing on July 2, 1992.
'~: a. 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
conditional use application, or major changes to the site
plan submitted as part of this application, shall require
the submittal of a new conditional use application, and
~'-~'~ comply with all applicable County ordinances in
_..~eGt.',' at:.the time of submittal, including Division 3.3,
' r'-=-Stt'e ~'Development Plan Review and Approval, of the Collier
County Land Development Code (Ordinance No. 91-102).
b. This project shall be subject to Site Development Plan
(SDP) Approval in" accokdance with Division 3.3 of the
Collier County L~.9~.gevelopment Code.
c. -Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
d. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
Division 3.2 of the Collier County Land Development Code.
e. Detailed water management plans and calculations, signed
and sealed by a Florida Professional Engineer, shall be
provided at the time of Site Development Plan (SDP)
'. review.
f. This project shall be required to meet all County
Ordinances in effect at the time final construction
:,~ documents are submitted for development approval.
: ' EXHIBIT "D"
i,,:, 854 218
~-" .
~'..~
~.! g. At the time of SDP review, documentation shall be
.~ submitted that demonstrates this project's legal 'right of
access to Immokalee Road using the existing paved access
'~::ii: road
;~? h. Wate~ distribution, sewage collection and trasmission and
interim water and/or sewage treatment facilities to serve
the 'project are to be designed, constructed, conveyed,
owned and maintain~d in accordance with Collier County
Ordinance No. 88-76, as amended, and other applicable
County rules and regulations.
i. ~ Pe~i~ner shall" be subject to the requirements of
Section 3.9.6.6 of the Collier County Land Development
Cod~ .....
J. T1/e P~titi6ner shall comply with Section 4.3.1.1 (Existing
~d Futur~ Domestic Wastewater Treatment Plants) of the
~lier Cou~gy Groundwater Protection Ordinance (Ordinance
N~i. 91-103);"...(Note: per Section 4.3.1.1.3(B), "On a
quarterly basis, the owner/operator shall provide the
Department (Collier County Pollution Control) with copies
of-all'~n~r~ent monitoring reports submitted to the Florida
Department of ~nvironmental Regulation (DER).").
k. All existing improvements within the existing
Goodlette-Frank Road right-of-way shall be relocated so as
n~t to.interfere with future roadway improvements and the
1. No site d~atnage shall-be placed so as to adversely impact
the use of the Goodlette-Frank. Road corridor for roadway
purposes.
m. With regards to the Goodlette-Frank Road corridor, the
Collier County Utilities Division shall provide for a
northbound right-turn lane and a southbound left-turn lane
consistent with Ordinance No. 82-91 and Collier C6unty's
Future Access Management Policy·
n. With regards to the Goodlette-Frank Road corridor, the
Collier County Utilities Division shall provide
compensating right-of-way for that land consumed Dy the
construction of the northbound right-turn lane and the
southbound left-turn lane.
o. A fire hydrant shall be provided within 250 feet of the
new sewage treatment plant expansion.
'. ~
~... .
:',. ~' · . ,
TIONER OR AG~:NT
ha,wr
STATE OF. FLORIDA
COUNTY,.OF-COLLIER....
personally' know~ to me or who has produced
~-e identifioa=ion and Who
fSignat~e' 9f Notary ~blic)--
N~Y PUBLIC
My Co~issi'on E~tres: (NOT~Y S~L)
STATE OF ~RIDA
CO~Y OF COLLI~
~e foregoing Agreement Sheet was acknowledg.d before
personal~ ~oWn
n and who did (did not) take an oath.
(S/~atur~ o~ Notary ~blic)
N~Y PUBLIC
L~,~, My CO~iSsio~A~A (NOT~Y SEAL)
<
': CU-92-TF AGRE~ SHE~
;~i STATE 'OF FLORIDA )
COUNTY OF COLLIER }
...... h-~.--.'-~J' AMES"--C-'rGILES, Clerk of CoUrts-tn and for the
'i'TWentteth Judicial Ct'rcutt, Collier County, F/or/da do
hereby certify that the foregoing ts a true copy of:
Ordinance Nc[i"92~ 2
which was adopted by the Board of County Commissioners on
the 4th day of Au~st, ~992, durin~ Re~ar Session
WITNESS ~ hand ~d the off~c~a~ seal of the Board of
County Co~Lssloner8 of Collier County, Florida, this Yth
day. of Au~st,. ~992. "
· ~
~%..~.~S ,~. ~.~
J~S C. GILES ~ .'] '.:'
Clerk of Courts and Clerk'-.-;,~..'.-~.~ '. ~ - - ~..~]
'. Ex-offic~o to Board -u. ,..~. ~..- ~ · .
.... ... County Co~lss~oners- ~:....,. ·
. ~, . .... ....~