Resolution 1990-342 { • RESOLUTION 90- 347
JUNE 19, 1990
.: ' . RELATING TO PETITION NO PU-89-26 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER :1,
T, COUNTY, FLORIDA. ; '
'
" WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
• x< -:; conferred on Collier County the power to establish, coordinate
,�„ and enforce zoning and such business regulations as are
a.11 ' necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for the
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``''.y' ' zoning of particular geographic divisions of the County, among
At which is the granting of Provisional Uses; and
,„ WHEREAS, the Collier County Planning Commission, being the
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1 duly appointed and constituted planning board for the area
I ;f hereby affected, has held a public hearing after notice as in
fir:
5}` said regulations made and provided, and has considered the
:rte;, advisability of Provisional Use "b" in an RMF-12 zone for a •
•
• ji 'R'' child care center on the property hereinafter described, and has
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' found as a matter of fact (Exhibit "A") that satisfactory
'Iqy� ..
11 4.. ', ', provision and arrangement has been made concerning all
I ` ' , applicable matters required by said regulations and in
1 :r ,. accordance with Section 13.1.d of the Zoning Regulations for the .
1.• _, 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
V-,: Board having considered all matters presented.
';` NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING
• APPEALS of Collier County, Florida that the petition of Michael
Jordan of Winsor/Faricy Architects, Inc., representing
''- Can-Am/Realty Woodbridge Partnership with respect to the
*, . property hereinafter described as:
!I The North one-half of the South one-half of the North
one-half of the Northwest one-quarter, less the East 100'
.• and less the West 100', Section 12, Township 49 South, .
Range 25 East, Collier County, Florida. The South one-half •
' of the South one-half of the Northwest one-quarter of the
; Northwest one-quarter, less the West 100' and the South
one-half of the South one-half of the Northeast one-quarter
I of the Northwest one-quarter, less East 100' of Section 12, .
Township 49 South, Range 25 East, in Collier County,
Florida. � L/_�� �• / ()()t 4J
• • JUNE 19, 1990 •
5.. be and the same is hereby approved for Provisional Use "b" of
r - > , the RMF-12 zoning district for a child care center subject to
'' £` the following conditions:
4'1;14;
'>
t` % :, Exhibit "B" which is attached hereto and incorporated
' by reference herein. • ►
*
•
1
BE IT FURTHER RESOLVED that this Resolution be recorded in
1"''1,p the minutes of this Board.
4�• Commissioner Saunders offered the
4„,: foregoing Resolution and moved for its adoption, seconded by
f:r ,
{ . Commissioner Vo1pp and upon roll call, the vote
•
'
was
4r ' AYES: Commissioner Saunders, Commissioner Volpe, Commissioner Shanahan,
' ,. Commissioner Goodnight, and Commissioner Hasse
; NAYS: .
Ka
irr ABSENT AND NOT VOTING:
'_ ABSTENTION:
i
' Done this 19
day of June , 1990.
BOARD OF ZONING APPEALS
4; COLLIER COUNTY, FLORIDA
. '
�, 3r' ' BY
,} r< OM MAX A. HASSE, JR., RMAN
,' ii .
, ATTEST: ,,
<, JAMES C. GILE$Y CLERK
,...1',{ r' c$
' r •
elf
' r OVER AS TO. FORM AND LEGAL SUFFICIENCY:
,% ,j../ a,/.14 2';11 N
I d E
N K. STUDENT
' ''' �s ASSISTANT COUNTY ATTORNEY ;?
414, PU-89-26 RESOLUTION ^ `
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4,C JiJ11S 19, 1990 .'�^
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•
' ..r.4-1.‘;- FINDING OF FACT •::;.;,,,r ,
i''7",;(;`'' BY . 't
i r,a j 'a COLLIER COUNTY PLANNING COMMISSION
I ;1-6?::' FOR
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A PROVISIONAL USE PETITION
FOR
r' ^• PU-89-26
•
.' The following facts are found:
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I 1. Section 7. 13 b.3)(b) of the Zoning Ordinance .
authorize the
T.,,.,
prov s onal use.
'1:-;41 2. Granting the provisiona
l
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' ` the public• int(rest and will notladverselyraffectfother
property or uses in the same district or neighborhood
i because of:
A. Consistency with the Comprehensive Plan:
" r . Complies with Comprehensive Plan
i Yes. ) _ No• B. Ingress and egress to property and
structures thereon with particular reference to
autrJmotive and pedestrian safety and convenience,
( 5e ' traffic flow and control, and access in case of
fire or catastrophe:
•, Adequate ingress 4 egress •
1 ``�' Yes _j_%_ No
C. Affects neighboring properties in relation to
n3" noise, glare, economic or odor effects:
' x, No affect or Affect mitigated by
Affect cannot be mitigated
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D. General compatibility with adjacent properties and
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other property in the district:
Compatible use within district
Yes !4, No
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Based on the above findings, this provisional use should,
, with stipulations, (copy attached)
w recommended for approval
�) be --
r w "
I • DATE: ,S• f 7> 9 O CHAIRMAN: / -�-
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it 4
` ., Syr $ �-
•,V4 FINDING OF FACT CHAIRMAN +
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J ;t + JUNI 19, 1990
a
l
��� -R s
ii ,, . AGREEMENT
'. I, Michael Jordan of Winsor/Faricy Architects, Inc.,
representing Can-Am/Realty Woodbridge Partnership, for Petition ,
PU-89-26, agree to the following stipulations requested by the
Collier County Planning Commission in their public hearing on May
t ' 17, 1990.
," PLANNING:
r a.� The petitioner shall be subject to a Site Development
Plan in accordance with Section 10.5 of the Collier
County Zoning Ordinance No. 82-2. •
{:: b. The petitioner shall provide a 4 foot high non-gated
' fence around tla entire play area. The only access to
the play area shall be via the Child Care Center.
c. All pool equipment shall be stored outside the play area. i
d. The proposed Child Care Center shall be limited to one
story.
e. The proposed Child Care Center shall be restrictd to use
1 by tenants only. .
e.
WATER MANAGEMENT AND ENGINEERING:
a. 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.
b. In accordance with the Rules of the South Florida Water
1.
Management District, (SFWMD) Chapters 40E4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
c. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
d. Show building setbacks on final site development plan.
e. This approval does not constitute approval of the I
building location. A site development plan in
EXHIBIT "B"
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JUNE 19, 1990' ,1 A .1 `' 44 : '
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r 7 conformance with Section 10.5 of the Zoning Ordinance is
rf •t ` required. Building location, etc. will be approved At 6.,", ,a ''
,, ,; that time. -', mt rv'-Fiti - �`
t; •? ,
a ' UTILITIES:
r4`,Y ,, ., Connection to the existing water and sewer facilities as a.
r part of the project master utility system is required and
';{^<w, :, must be fully illustrated on the final site plan and
bsupperr
orting engineering construction drawings as to
location, configuration and size.
t,. , b. Verification •./f sewage treatment ca acit
Ordinance 80-112 to service this project is required tand
must accompany the final site plan.
. . ,10.0;.1.(0•.7
epi
�" PETITIONER 0 GENT
, •
i REPRESENTATIVE FOR CCPC
{ ` .t. .
`f �:-
:t,,,.; SWORN TO AND SUBSCRIBED BEFORE ME THIS 2-I�' _DAY zi
`� K.: OF 4147 1990. /
.
; SEAL
`' f CM AA1AAAAA/A AAA MAAMM1 n
x� MY COMMISSION EXPIRES: JOHN G.COOK
t�f NOTARY►USEIcczy lfsam
1 NENNEPIN COUNTY
''a•: PU-89-26 AGREEMENT SHEET ,yy,NMY- . . ..pIH.Aprll A,1992
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