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Ordinance 92-067 ORDINANCE 92- 67 .~f/ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ~zZz~justER HOUSING CONDITIONAL USE IN THE RSF-5 ~"~-~'~ ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BY ESTABLISHING THE RELATIONSHIPS BETWEEN 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 are 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 appointed 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 "5" in an RSF-5 zone for cjuster housing 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 considered all matters presented. NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- SECTION ONE: Grant of Conditional Use. The petition filed by Mark W. Minor of Q. Grady Minor & Associates, P.A. representing William Senkevich, Tempustech, Inc., with respect 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 "5" of the RSF-5 zoning district for cjuster housing in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Water Mana~ement/Enainegrina; 1. Notwithstanding anything herein contained to the contrary, all related Ordinances in effect at the time approval is requested for a final development order shall be required to comply with the requirements of said related ordinances. 2. In accordance with the Rules of the South Florida Water Management District, (SFW~D) Chapters 40E4 and 40E-40 and Ordinance No. 91-20, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 2. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 3. Verification of sewage treatment capacity pursuant to Ordinance NO. 80-112 to service this project is required and must accompany the final site plan. 1. Mangrove fringe shall be surveyed prior to construction site plan approval and designated as a conservation easement with protective covenants pursuant to Florida Statute 704.06. Conservation easement shall extend a minimum of ten (10) feet landward of top of bank. Additional plantings of native vegetation is encouraged. 2. Mangrove fringe shall be protected from impacts during the construction process. Petitioner shall submit protection plan with construction site plan submittal. 3. The location of any water management features shall avoid impacts to mangroves. 4. Prior to the pre-construction meeting petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 5. All cabbage palms and associated protected epiphytes shall be retained or transplanted on site. Petitioner shall address this on site clearing plan. Appropriate tree removal permit fee shall be submitted to Project Review Services with submittal. 6. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g., rip-rap, seawalls, etc.). 7. Any future proposed boat docks shall be subject to Collier County Project Review Services environmental review, and must be consistent with the Environmental Advisory Council manatee protection guidelines and r~quire approval by the Department of Natural Resources Institute of Marine Mammal Research, St. Petersburg, Florida. 8. The petitioners shall be subject to all environmental ordinances in effect at the time of development order approvals. 9. Approval shall not absolve the applicant from supplying necessary information as required for subsequent site plan approval (i.e. protected species surveys, etc.). Transportation: 1. A 25 ft. wide strip of land along the entire Bonita Beach Road frontage shall be dedicated to Collier County as a future right-of-way for roadway widening and maintenance purposes. 2. Ingress and egress will be limited to right-in/ right-out inasmuch if no provision is to be made for a median crossing when Bonita Beach Road is widened to four lanes. Traffic signs will be placed to require a counter-clockwise one-way movement around the main drive entryway circle. 3. At such time as Bonita Beach Road is four-laned, the entry should be reconfigured to assure that traffic entering and exiting the development can turn in and out safely. All costs of reworking the project entry will be the sole responsibility of the developer, his heirs, successors in title or interest or assigns. The plat should be reviewed to assure that a suitable notation to this effect appears thereon. 4. Work within Bonita Beach Road right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91 and shall be coordinated with Lee County Transportation Department's as well as Collier County Project Review Services and Transportation Department. PlanninG: 1. 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 provisional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Review and approval, pursuant to the Collier County Land Development Code. 2. In consideration of the reduced standards made possible by the cjuster development option and a companion petition V-92-12 the design of project and related support improvements shall represent a common architectural theme which evidence the following common architectural elements: a. The architectural style of all of the dwelling units/structures shall be similar in design and in the use of materials and color. b. The residential project shall have a signature entranceway that serve to identify an entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: The use of landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. c. A landscape theme throughout the entire project that enhances the unified appearance of the entire project. ._ d. Street materials, signage, lighting shall be complimentary and the same throughout the project's accessways. At the time of application pursuant to Division 3.3 of the Land Development Code, the applicant shall submit plans and specifications which describe in detail all of the development features which qualify the project as a Common Architectural Theme project. The Development Services Director may approve, disapprove or advise which modification would be necessary to qualify the project as a Common Architectural Theme Project. 3. A decorative masonry wall eight (8) feet in height shall be constructed along the mid point line of the landscape buffer which may meander, and vegetation planted on each side of the wall in accordance with the landscape provisions of the Land Development Code. SECTION TWO: Relationship Between Ordinance and Resolution Granting Conditional Use. In the event that it should be determined that the grant of coDditional uses should be by resolution, then this Ordinance shall constitute a resolution for such purpose. SECTION THREE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. -4- PASSED AND DULY ADOPTED by the Board of Zoning Apgeals of Collier County, Florida, this ~ day of ~~ , 1992. BOARD OF ZONING APPEALS COLLIER COUNTY; F~IDA ~:.' " . BY: , ( ~ "?:,,.. '""."'""~ ...." ~ ' '' MICHAEL J. VOL~ CHAIRMAN ~s. c'.'"~i.,s., "~cnm~ ~: "...: ~..,.". ...... i.. >' ,<.~' Ma~J~ie M; Studen~ Seq~a~ of Assistant 'County Atto~ey ~ o~~ and ockn~,edg.men/~at filingFe~ved ~-92-40RDIN~CE -5- COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-92-6 The following facts are found: .- 2.2.&.A and 1. Section 2.6.27.4 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses'in the same district or neighborhood because of: A. Consistency with the Land Development Code and .' Growth ~anageme9% Plan: " Yes l/No B. Ingress and egress to property and proposed ~structures thereon with particular reference to ~utomotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/~ egress. Yes- VNo C. Affects neighboring propertkes in relation to nois~, glare, economic or odor effects: . V'No ~ffect .or ' Affect mitigated by __ Affec~ cannot be mitigated D. Compatibility with adjacent propertie~ and .' other property in the district: Compatible~e within district · Yes ~/' No Based on the above findings, this conditional use should, with stipulations, (copy att~hed) (should not) be reco ended for approval FINDING OF FACT CHAIRMAN/md m m FINDING OF FACT COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE ~ETITION FOR The following facts are found: 2.2./,.4 and 1. Section 2.6.2 7.6 of the 'Land Development Code authorized the conditiondl use. 2. Granting the conditional use ~ill not adversely affect the public interest and ~ill not adversely affect other · property or uses in the same district or neighborhood because of: A. Consi~tency ~ith the Land Development Code and Growth Management Plan: · Yes B.' Ingress and' egress to property and proposed structures thereon vith particular reference to ':automotive and pedestrian safety and convenience( traffic flow and control, and access in case of' fire or catastrophe: Adequate ingres~ E egress Yes U" No C.Affects neighboring properties in relation to noise, glare, economic or odor effects: b/ No affect or -- Affect mitigated by -- Affect .cannot be mitigated D. Compatibility vith adjacent properties and other property in the district: Compatible u~e within district Yes W' No Based on the above findings, this conditional use should( vith stipulations, (copy attached) (should not) be DAT~- :rec°mmended~//~ ~f°r~- approval . ~-v~' --./.d~/~/./ / ]~.~.,~...~ ~ FINDING OF FACT MEMBER/md FINDING OF FACT BY COLLIF~R COUNTY PLA~[ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-92-~ The following facts are found: - 2.2.4.4 and 1. Section 2.6.27.~ of the'Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and ~ill not adversely affect other .property or uses in the same district or.neighborhood because of: A.Consistency with the Land Development Code and Grow°ch Management Plan: ~ Yes B.' Ingress and egress to property and proposed structures thereon vith particular reference to %automotive and pedestrian safety and convenience, traffic flor and control, and access in case of .fire or catastrophe: Adequate ingress ~ egress Yes C. Affects neighboring properties in relation to noise~lare, economic or odor effects: ~ No affect or Affect mitigated by __ Affectcannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatfbl~thin district Yes No Based on the above findings, this condItional use should( ~ith stipulations, (copy attache4) (should not)Be' recommended for approval ~AZ_----- . . FINDING OF F~T MEMBER/md FINDING OF FACT BY COLLIER COUNTY PLANNING COHMI$SION FOR A CONDITIONAL USE PETITION FOR The following facts are found: '2]2.A .'& and 1 · Section 2.6.2 7. ~. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other .property or uses in the same district or. neighborhood because of: A. Consistency~with the Land/Development CEde ~nd Growth Management Pla~/ · Yes No B.' Ingress and egress to property and proposed structures thereon with particular reference to ':automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: · Adequate ing.r, es/& egress C.Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated b -- . ,~ Affect .cannot be mitigated D. Compatibility with adjacent properties and other property in the ~/~trtct: Compatible u~within district Yes with stipulations, (copy attached) ~ch~-"'~ .... FINDING OF F~T MEMBER/md FINDING OF tACT BY COLLIL~R COUNTY PLANNING COH/~IS$ION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 2.2.4.4 and 1. SeCtion 2.6.2?.4 of the Land Development Code authorized the conditional use. 2. Granting the conditional use rill not adversely affect the public interest and will not adversely affect other .property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management plan: ,/ 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 & egress 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 properties and other property in the district: Compatible use within district Yes &-' No Based on the above findings, this conditional use should,~ with stipulations, (copy attached) (should not) b~--- DATE:fcc°emended for approvals/ /~- ,~./ ~~. FINDING OF F~T MEMBER/md FINDING OF FACT COLLIER COUNTY PLA~NI}~G COMMISSION FOR A CONDITIONAL USE PF-TITION FOR The following facts are found: 2.2.4.4 an4 1. Section 2~6.27.& of the Land Development Code authorized the c6nditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other .property or uses in the same district or.neighborhood because of: A.Consistency~with the Land Development Code and Growth Management Plan: 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 & egress .Yes ~ No C. Affects neighboring properties in relation to no~e, glare~ economic or odor effects: ~ ~o affect or Affect ~itigated by / ~ __Affec~a~not be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible ~se within district Yes .,~ No Based on the above findings, this conditional use should~ with stipulations, (copy attached) recommended for approval FINDING OF F~T MEMBER/md FINDING OF FACT BY COLLIT-R COUNTY PLAN~ING CO~MI$SION FOR CONDITIONAL USE Ph~fITION FOR The following facts are found: 2.2.4.4 1. Section 2.6.27.6 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other .property or uses in the same district or neighborhood because of: A. Consistency. with the Land Development Code and Growth ~anagement Plan: Yes ,~, No B.' Ingress and egress to property and proposed .' -.. structLLres 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 & egress Yes ~, No C.Affects neighboring properties in relation to nois~, 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 use ~ithin district Yes Based on the above findings, this conditional use should~ with stipulations, (copy attac~ed) (should not) be recommended for approval ,c~.~.. . FINDING OF ~AL'T EXHIBIT ' LEGAL DESCKIPTION (PROVIDED) A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 48 SOUTH, KANGE 2~ EAST, COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A RAILROAD SPIKE MARKING THE NORTHEAST CORNER OF SAID SECTION 6 RUN S 0(~06'36" E ALONG THE FAST LINE OF SAID SECrION 6 A DISTANCE OF 57.57 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHERLY RIGHT-OF-WAY LINE OF BONITA BEACH ROAD; ; THENCE S 89,32'44" W ALONG SAID RIGHT. OF-WAY LINE 219.23 FEET TO AN IP, ON PIN; THENCE N 89"36'01" %V 1248.22 FEET TO THE INTERSECTION OF SAID SOUTHERLY RIGHT-OF-WAY LINE AND THE MEAN HIGH WATER LINE. OF LITTLE HICKOKY BAY AND THE POINT OF BEGINNING; THENCE ALONG SAID MEAN HIGH WATER LINE S 62,23'23" W 10.40 FEET; - ' THENCE,'S 34,30'28" W 36.36 FEET; THENCE S 02'21'25" E 55.34 FEET; THENCE S 71°01'25~ W 54.24 FEET; THENCE lq 87'48'00" W 101.19 FEET; TI-[ENCE S 66°10'29" W 22.71 FEET; THENCE S 53'31'40" W 10.72 FEET; THENCE S 32°:4'13~ W 30.96 FEET; THENCE S 24°44'03" '¢/32_39 FEET; · .-..THENCE S 31°15'14'' W 36.44 FEET; THENCE S 55°05'54" W 30.35 FEET; THENCE S 87~07'30" W 24.24 FEET; THENCE N 57,31'01" W 53.73 FEET; :' - THENCE N 51'27'24" W 67.03 FEET; THE2qCE N 54'38'49" w 37.56 FEET; THENCE N 70~52'49" W 43.70 FEET; THENCE N 66°02'40" W 25.47 FEET; THENCE N 48~21'26~ W 92.21 FEET; THENCE N 61,2Y12" E 26.97 FEET; · ' THENCE N 16'35'59" E 30.35 FEET; THENCE N 69"46'42" W 6.76 FEET; THENCE S 66°42'00" W 14.98 FEET; THENCE N 44°42'19" W 21.21 FEET TO THE SOURLY RIGHT. OF-WAY IZNE OF BONITA BEACH ROAD; THENCE S 89"4I'41" E ALONG SAID RIGHT-OF.WAY LINE 38.73 FEET TO A CONCRETE MONUM:F~NT; THENCE S 89"15'01" E 533.47 FEET TO THE PO/aNT OF BEG/aNNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 75347 SQUARE FEET OR 1.73 ACRES OF LAND. BASED ON A MEAN HIGH WATER ELEVATION OF 1.10 N.G.V.D. LOCATED ON FEBRUARY 13, 1989. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS O'F RECORD. F:SBC STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-67 which w=s adopted by the Board of County Comm~ssioners on the 8th day of September, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of September, 1992. JAMES C, GILES - '. ' Clerk of Courts and Clerk Ex-officio to Board of County Commissioners B~: /S/ aureen Kenyon ~: / Deputy Clerk · '"