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Resolution 1994-684 SEP 1 3 1994 RESOLUTION 94-~4 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "23" IN THE A ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. 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 publici 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 Usesi 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 "23" of Section 2.2.2.3. in an "A" zone for a museum 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 RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: aODK OOoPk1185 SEP 1 3 199't The petition filed by Ronald J. LaFlamme of LaFlamme Architectural Design corporation, representing James Billie, 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 "23" of Section 2.2.2.3. of the "A" zoning district for a museum 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. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Mrr.l"'rhl3luQ offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Volpe and upon roll call, the vote was: AYES:Commissionec Matthews, Commissioner Volpe, Commissionec Noccis, Commissioner Saunders and Commissionec Constantire NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 13th , 1994. September day of AT:rEST: . v DWIGHT E. BROCK;' CLERK . .r' /' AP OVED AS TO ~OrtM AND LEGAL SUFFICIENCY: ',,' . J'nn/t..lh..lt . Y'n. J}{.l v:/< if I... MARJOgIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-94-4 RESOLUTION/11561 aOOK 000 PA~[ 186 -2- " -"'./ .... SEP 1 3 ~ " FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-94-4 The following facts are found: 1. section 2.2.2.3.22 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 Managemen~ Plan: YeS~No_ 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' c/ No - - B. Af;::)? neighboring properties in relation to no~'uglare, economic or odor effects: _____ No affect or _ Affect mitigated by . Affect cannot be mitigated D. Compatibility with adjacent properties and other property in thejUstrict: compatible~ ~ithin district Yes No - - C. Based on the above findings, this conditional use should, with stipulations, (copy attached) ('~'_)be ~ recommended for approval . DATE: i J 3 Jq cf CHAIRMAN: ~ Exhibit "A" FINDING OF FACT CHAIRMAN Imd 000 18 aOOK PAG[ 7 . '-\ \' '\ /~ ~ \ ~?f~/~'" \ . /", '\ ,,,. \ .1 STATE RO 00) >,j.;.- \ " .~ 'f , , .. .'. ~SUBJECT~ . ' PARCEL . \ \, :'\ . \ \ \ . "..\' .. '.. .... ~:." .... ~,:'.. :.:"', ~/:' .:.:):I!I,?~ . . ,SEP 1 3 194 .!' . .... , . . SEP f 3 1994 .' roo : ilJ ilJ ~I ii~ ii~ ~i ~~~ ~~~ ~ aOOK 000 PA'~\ 189 ~ z- EXHIBIT "C" I BITE ';;"""""'''''A"",",,,I """"'" ". Sfil~ll":;> .'...:.:.'.:.:':..."...'..':.:':..' r=I\.IrV'\'''''''' ~ . e ... '0 ':In~:.u!:el:i>: " ~ll l:::~:r\.rrr~: . OLD WEAVER STATION 11!~l~ }\..::::..:.,',.y~,..'.":,.: ," . U ~!lO ARCI-ITECTUW- . U.B. HGHWAY t41 CST. AD. 90) TAMW.I.TRAL.' .1I If:: _N..E. COLLER ~ ~rTV A..OAIDA ..' Pf-OEr Htoo-368-7315 r 'I B ~ i .. f'T.1..AlIXR """""'''', :'.' . ._ . !:JIl111l1 I'tOEl305J77Hlt .SEP , 3 !J9t ....., P.GREEMENT I, Ronald J. LaFlemme, as owner or authorized agent for Petition CU-94-4, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on August 4, 1994. PLANNING: a. The Current Planning 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 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). ENVIRONMENTAL: a. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP) and South Florida Water Management District (SFWMD) shall be presented prior to final site devel?pment plan approval. b. Upon approval by the Board of County Commissioners, this rezone and conditional use are subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs pursuant to Chapter 9J-1 of the Florida Statutes. c. This review constitutes a special treatment (ST) review and approval pursuant to Section 2.2.24 of the Collier County Land Development Code (CCLDC). TRANSPORTATION: a. In consideration of travel speeds and overall safety, we recommend, subject to FDOT concurrence, the installation of a westbound left turn lane. it appears that there is sufficient existing pavement to create the turn lane by performing an overlay and re-striping without having to construct additional pavement. If there is no requirement aOOK 000 PA,>[ 190 Exhibit liD" O(Ll~ (IV /1 ( . ~7~~ ;::.::'-!..... ";'~:/~7'1':1? ,t. "~'~':"-::~~"~'-" ,.... r.. "," 'T~.'; .. .. .. .... ~..... ... f'J'. ....' SEP f 3 f99iJ from the FDOT for the immediate installation of westbound left turn lane, the County, in concert with FOOT, reserves the right to request turn lanes if traffic or operational conditions warrant same. b. If there are to be activities on the site after sunset, or after 5:00 PM in Peak Season, the Applicant shall install arterial level street lighting at the project entrances. c. The site plan depicts parking within the FDOT right-ofway. The Applicant shall provide evidence that such parking has been permitted by the DOT. o II/J '-1/ --I / I~,/.;.(~,(/,,' A.... ~_________ ~ETITIONER OR AGENT STATE OF FLORIDA COUNTY OF COLLIER 1~t...fPI,",?~' The foregoing Agre~ent Sheet was aCknpwledged~efOre me this ~t!1 day of rtU..J, l~ , 1994 by J.>fb. - J-1'IS'-7~"rt=-J. /;n. -(), who is personall~n to me or who has produced ~ as identification. 0.l-~ ~ ~*~ (SCtnatur~ of Notary Public) . .e..c.\ J /' c- 1('. r()C\ \1"1- \ Y\ NOTARY PUBLIC Commission I (1(l nS9Cr>5Cj My Commission Explres: STATE OF FLORIDA COUNTY OF COLLIER aoaK OOOf'AGI191 '. r,'..'/.j i"C,;'..,:'':',,:' ..:" !. :.~ . . .. ; ) / ". SEP 1 3 199't The foregoing Agreement Sheet was acknowledged before day of (j.v-<A,~' 1994 by /JI"'~!..u//l "PfHJ" personally known €o me or who-~prodoced as identification. me this fL '/2' whC;--U; 11603 &OOK OOOf'A~192 ("- c:. 'J.- f J '7i 7'-' Expires: V/;Y "/70