Ordinance 92-059 IN SECTION 4, TO~ISHIP 52 SOUTH, RANGE 28 EAST,~ ~ ~
COLLIER COUNTY, FLORIDA; BY ESTABLISHING THE ~
RELATIONSHIPS B~TWEEN ORDINANCES AND RESOLUTIONS
GRANTING CONDITIONAL USES; AND BY PROVIDING AN
EFFECTIVE DATE.
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 zoning and such business regulations as ars necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 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
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointpd 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 Conditional Use
pursuant to Subsection 2.6.9.2 (Essential Services) in the RT and CON
zones for a water and wast~cater 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 =he 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 all matters presented. ''
NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida =hat: ~
SECTION ONE: Grant of CondLtional Uss.
T~e petition filed by Robert L. Duane of Hole, Montes
Associates, IncA',. representing Port of the Islands Co,unity
Improvemen= D~stri~ witk-reSpe~t to. the property hereinafter described
~f~.~'%' L~NP I'~E~P~~' '"~t.~ = ,,' ~.~.~:,~: ..... '
~ and ~e same ~s here~ a~proved for Conditional Use pursuant to
Subsection 2.6.9.2 (~sential Se~tces) of the RT and CON
for a water and wastewater treatment plant in accordance with
'OT.~'~''.' --~ %~ .~'. A: ~' ~"&'.''~ L~'-- t '.~
the Conceptual ~ster Plan (E~bit "C") an~' subJec= to the following
condit~ons J
.,. ~ ~; ......;; : .... .
~ibit' "~ ~ich Is attache~ hereto and tnco~orated
~'L:; L. refere~ herein. .;.
SEnIOr. ~O='.:Ralationship. Between Ordinance and Resolution
Granting Conditional Use.
In ~e event ~at ~t sh~ld ~ dete~ned ~aC the ~ant of
condit~onal uses should ~ by resolution, ~en ~[s Ordinance shall
constitute a resolution for such p~ose.
sz~z6~'m: Z~e~tve Date.
~ia Ordinance ~hall ~c~e effective upon receip~ o~ no~ice
~e Secreta~ of S~te ~at this ~dtnance has ~en filed wt~
Secreta~ of State. : ~
County, Florida, ~ts ~ day of ~ , 1992.
BO~ OF ZONING
CO~ C~,~~.~F~RIDA
'.~' 2 , ' ' "
~(~a~ of Stote's Office ~
~b/7984 :
.'
~ :: -.-..-;.;,:.,: . .. FINDING OF FACT.
;' BY
...., .., : ~ .- ~-COLLIER..COUNT~. PLANNING C0HHISSION
". FOR
· :- -, A CONDITIONAL USE PETITION
':' FOR
':'., . CU-92-9
'.: The foil°Wing facts ars found: ·
?! 1. section 1.6.9.2 (Essential..Servlces) of the Land Devlopment
Code authorized ~he condi=ional use.
2., Granting. the conditional use will not adversely affect
the publio interest and will not adversely affect other
property or uses in the same district or neighborhood
because- of: ~
. A. Consistency with t~e Land Development Coda and
Growth Hanagemen~z~Plan:
.... Yes ~/ 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 cass of
fire or catastrophe:
Adequate ingress/i egress
Ye s ·
C. Affect~ neighboring properties in relation to
nois~, glare, economic or odor effects:
%/ No affect dr Affect mitigated by
· ', Affect cannot be mitigated '
D. Co~patlbllity v/th. ad pr.opertte~ and
other property in the/~tstrict.
Compatible ¥~e vtthin district Yes v No
Based on the above findings, this conditi6nal usa should,
wi{h stipulations, (copy att~chtd). (should not) be
FINDING OF FACT CHAIRHAN/md
· "' fl54 287
"~ ~OOK Pig[.
PROPERTY DESCRIPTION:
:5. A PARCEL OF LAND LOCATED IN THE EAST I/2 OF SECTION 4, TOWNSHIP 52
.~<. SOUTH, RANGE 28 EAST, COLLIER COUN'I'Y, FLORIDA, BEING MORE
5' ' PARTICULARLY DESCRIBED Ag FOLLOWS:
B~GIN AT THE EAST 1/4 CORNER OF SECTION 4, TOWNSHIP $2 SOUTH, RANGE
28 EAST, COLLIER COUNTY, FLORIDA; TH~NTC-'E RUN $. 0020'13' W, ALONG
THE'FAST LINE OF. THE $OUTI-~ ~q'r 1/4 OF SAID SECTION 4, FOR A DISTANCE
OF 350.00 FEET; THENCE RUN N. 8!~39'47' W, PERPENDICULAR TO THE EAST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF ~0.00
FEET;' THENCE 'RLIN. N. 00'20'13" F.~ PARA!_I_EL wrrH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAD SECTION 4, FOR A DISTANCE OF 350.03 FEET; THENCE
RUN N. 00~19'01" F_~PARAJ. ZEL wrrH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SEC'rION 4, FOR A DISTANCE OF 299.88 FEET; THENCE RUN $.
E~PERPENDICULAR TO THE FAST ~ OF THE NORTHEAST 1/4 OF SAD
SECTION 4, FOR A DISTANCE OF 2~0.00 FEET, TO A POINT ON TI-IE F_.AS'r LINE
OF THE NOR'II-lEA.iT 1/4 OF SAID SECTION 4; ~CE RUN S. 00'19'0i' E.
ALONG THE FAST LINE OF THE NORTHEAST 1/4 OF' SAD SECTION 4, FOR A
DISTANCE OF' :300.00 FEET TO THE POINT OF BEGINNING. CONTAIN~G 3.730
ACRES, MORE OR LESS.
SUBIECr TO EASEMENTS, RESERVATIONS OR RESTRIC~ON$ OF RECORD.
BEARINGS REFER TO THE EASI' LINE OF THE NORTHEA_Tr 1/4 OF SECTION 4,
TOWNSHIP f2 SOLTTH, RAN'GE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING
ZON£O. RT
', zONED
PROPO$[O
I, Rober~ L. Duane of Mole, Montes & Associates, Inc., as
owner or authorized agent for Petition CU-92-9, agree to the
following stipulations requested by the Collier County Planning
Commission in their public hearing on July 16, 1992.
PLANNING=
a. The Planning Services Manager may approve minor changes in
the location, siting, or height of buildings, structures,
and improvements authorized b%, 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 usa 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 (Ordinance No. 91-102).
b. Detailed paving, grading, sits drainage and utility plans
shall be submitted to Project Review Service 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.
c. An Excavation Permit may be required for the detention
area in accordance with Division 3.5 of Collier County
Ordinance NO. 91-102 and SFWMD rules.
d. A copy of SFWMD Permit or Early Work Permit is required
prior to construction plan approval.
e. Detailed water' management plans and calculations, signed
and sealed by a Florida Professional Engineer shall be
provided.
f. This project shall be required to meet all County
Ordinances in effect at the time final construction
documents are submitted for development approval.
g. Prior to final construction plan approval, the applicant
shall provide a letter from the District's engineer
stating that ha has reviewed .and approved the utility
design included within this petition.
h. Petitioner shall be subject to the requirements of Collier
County Land Development Code Section 3.9.6.6.
EXHIBIT
~ii £. Petitioner shall comply with Section 4.3.1.1 (Existing and
~'." Future Domestic Wastewater Treatment Plante) of the.
Collier County Groundwater Protection Ordinance No.
· 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 current
monitoring reports submitted to the Florida Department of
Environmental Regulation. #
J. A landscaped buffer Iha11 be provided adjacent to the
site's eouth and wilt property linel where the adjacent
property is zoned RT. A canopy tree shall be planted
every 30 linear feet on center and e hedge of at least 24
inches in height a= the time of planting shall be provided
in the landlcapid buffer.
~i PETITIONER OR AGENT
STATE OF FLORIDA
~,. COUNTY OF COLLIER
The forlgoin~ A~r. eement Sheet was a~know!.edged before me this
" day of ~ ~ , 1992 by~-~-~-~/'~--~/ . , who
· personally known to me e_~ ~he
-'-= ~a~n and who ~_id (did not) take an oath.
NOTARY PUBLIC
My Commiss~on Expires: (NOTARY SEAL)
STAT~vOF FLOI~DA0:.:~--_- ·
t:om,n~r .o~ :co~
'" :'~ ' '
~ foraging A~eem~n~ ~t wa~ ac~ledged b~fore ~ this
day of._ ~Z~,. · , 1992 ~ ~f~ ~. ~oM~ , who
per~,a~.~ ~o me ~~uc~d. '
~. and who ~ (d~d not) take an oath.'
N~Y ~LIC
~ ~~~ ....
~/7985
· STATE OF FLORIDA ]
~.:~ COUNTY OF COLLIER )
'.!t. I, JAMES C. GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
· hereb~ certify that the foregoing tea true copy of:
Ordinance No.
which was adopted I~ the Board of County Com~teslonere on
the llth da~ of Au~t, 1992, during Ra~lar Sea.ton.
WI~SS my h~d ~d the official seal of the Board of
Co~t~ Co~tsstoners of Collier CourT, Flortda, this 12th
day of Au~s~, 3992.
Count7 Co~lsstoners ~];~.' . : .;