Resolution 2003-462
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RESOLUTION NO. 03-462
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES "3" AND "4" FOR CHILD CARE AND
PRE-SCHOOL USES IN THE "E" EST A TES ZONING DISTRICT
PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 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 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 Uses "3" and "4" of Section
2.2.3.3 of the Land Development Code in an "E" Estates Zone for Child Care and Pre-School Uses on
the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement have 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:
The petition filed by William Hoover of Hoover Planning and Developement,
Incorporated, representing 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 Uses "3" and "4" of Section 2.2.3.3 of the
Land Develbpment Code of the "E" Estates Zoning District for Child Care and Pre-School Uses
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.
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Board.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote.
Done this I L t\... day of 0.(......,\:1........ ,2003.
BY:
TOMH
ATTEST:
D,~~~~'?t~.~.?CK, Clerk
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Malj e M. Student
Assistant County Attorney
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU -2002-AR-2354
The following facts are found:
1. Section 2.2.3.3.3 and Section 2.2.3.3.4 of the Land Development Code authorized the
conditional uses.
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:
02J 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 & egress
e- No__
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
D. Compatibility with adjacent properties and other property in the district:
compatible~n district
~NO
Based on the above findings, us hould, with stipulations, (copy attached)
(should not) be recommende for approval.
DATE:
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EXHIBIT "A"
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PARCFL ONE:
PARCEL TWO:
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EXHIBIT MA"
Tracts 15 and 16. Golden Gate Estates Unit 97, according to die plat
thereof recorded in Plat Book 7, Pages 9S 8Dd 96. of the PubUc Iblcords of
Collier County. Florida, less md eXcq)tina- the Easterly 600 feet thereof.
The Easterly 600 feet atTract IS, Golden Gate Estates Unit 97. according
to the plat thereof reconled in Plat Book 7. Pages 9S and 96, of the Public
Records of Collier County. Florida, less and ex~tin& the Easterly 300
feet thereof.
Exhibit liB"
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Exhibit "C"
FAITH COJ/JnJNlTY CHURCH
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CONDITIONAL USE SITE PLAN
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CU-2002-AR-2354
CONDITIONS
1. Site development plan approval is required prior to commencement of Phase Two
of the pre-school or childcare facility. The site development plan shall provide
for the following:
a. Turn lanes shall be provided by the petitioner at the petitioner's cost, at the
intersection of 22nd A venue NW and Oakes Boulevard. The turn lanes
provided shall be a northbound left-turn lane, a southbound right-turn lane,
and an eastbound right-turn lane. The turn lanes shall be shown on the site
development plan for Phase Two of the pre-school and childcare facility.
b. The site development plan shall indicate signage and pavement striping.
c. The site development plan shall indicate a sidewalk, to be constructed
within the 22nd Avenue NW access easement, in front of the church.
d. Fifteen-foot Type "B" buffers are required along all north and east
property lines; and a landscape area, a minimum of I 0 feet in width, shall
be provided in front of all buildings.
e. A fence or wall along 22nd A venue NW shall be indicated on the site
development plan, pursuant to Subsection 2.6.11.4.2 of the Land
Development Code (LDC).
f. Parking areas adjacent to the north and east property lines shall be set back
50 feet from the property line and shall be buffered by a wall, six feet in
height, constructed of decorative concrete block or pre-cast masonry
material, with landscaping, six feet in width, outside the wall. As an
alternative to a wall, parking areas shall be set back 50 feet from the north
and east property lines and the parking area shall be planted with
vegetation which provides a 100 percent visual screen from the ground to
a height of six feet.
g. Terminal landscape islands with trees, and landscape islands with trees
every 10 parking spaces, shall be required for grassed parking areas.
Curbing for these landscape islands is required and may be constructed of
pressure-treated wood.
2. The use as a school is limited to pre-school through kindergarten.
3. The number of parking spaces for the school use shall be in accordance with
Division 2.3 of the LDC. The required parking area for the school shall be paved.
EXHIBIT "D"
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4. The development of the childcare and preschool facilities shall occur in two
phases. Phase One shall be limited to a maximum of 65 children/students. Phase
Two shall be limited to a maximum of 120 children/students. Phase Two
development shall commence only upon the completion of construction of the
segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road;
the completion of construction of the segment of Logan Boulevard from
Vanderbilt Beach Road to Immokalee Road; and the completion of construction
of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee
Road.
EXHIBIT "D"
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