Resolution 2004-168
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RESOLUTION NO. 04 - 168
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE EST ABLISHMENT OF
CONDITIONAL USE NUMBER "3" FOR AN ADDITION TO
AN EXISTING CHILD CARE CENTER IN AN "RMF-6"
ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3. OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48
SOUTH, RANGE 25 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 Use
Number "3" of Section 2.2.5.3 of the Collier County Land Development Code in an "RMF-6"
Zoning District for an addition to an existing child care center 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 Terance L. Kepple, PE, of Kepple Engineering, Inc., representing
Ann Phillips PreSchool Inc., with respect to the property hereinafter described as:
Lots 46, 47 and 48, Block 72, Naples Park Subdivision, Unit Number 5 as recorded in
Plat Book 3, Page 14 of the Official Records of Collier County, Florida
Page 1 of 2
,,~;
'I
17A
be and the same is hereby approved for Conditional Use Number 3 of Section 2.2.5.3 of the
Collier County Land Development Code for an addition to an existing child care center in an
"RMF-6" Zoning District in accordance with the Conceptual Master Plan (Exhibit "B") and
subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2004.
BY:
DONNA
ATTEST: ..' ~,r.'~r.N
DWIGH:r~~ROci~.~pRK
~: ~/(). /1(f'l/~t;'lJ.~.
Attest ~';~~G~a fMlla,r,~' ;<
s 1~~$~M~~~\O'F~~d:~
Legal Sufr1€~y....:_<.
J}10' ~~:.~
Marjo~. Student
Assistant County Attorney
CU-2003-AR-3914/FRllolsp
Item #
1'7 ~
5-JI-0'l
Page 2 of 2
Agenda
Date
Oete
Rec'd
5'J~i
,p~tyU"'~
....
,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-200J-AR-J914
17A
I .~
The following facts are found:
1. Section 2.2.5.3.3 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and w:JI not
adversely affect oth er property or uses in the same district or neighborhood be<:ause of:
A. Consistency with the Land Development Code and Growth Manag(:ment 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, .md access in case of fire or catastrophe:
.P.dequate ingress & egress
Yes / No
C. Affect:) reighboring properties in relation to noise, glare, economic or odor
effects:
._bo affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compati',ility with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditiona
(should not) be recommended for approv
ulations, (copy attached)
DATE: -4 ff /04-
CHAlRMAN:
U;'M
EXHIBIT "A"
17
,
----~--102ndAvaN~--------------
.,--, - -',-
\
~
~
PorlclnCl RequlNmanta
1 '~/10 .~
PIW 1 .pace/.t."
100 ltudllnte/l0 - 10
" etaff(' - "
Tota - 18 epoc:.e r.qulfIICI
Parle/nil provided
, B lPOca
Ann Philip EnterpriMa, lne.
810 102lld. "- N
Nopl.. n. ;'4' Do!I
Lagal DilCrlptlon
Lot. 41, 47, Clnd' <4a, Block 72,Na,Iaa Parte"
Un" ,e, GI per plat 1Mr.of r.cal'lf_ In plat
book 3. Pel 14 of the pubic rwcorclll of ColIl.r
County, Flot1cla.
~IO' PIGIICT -
Ann Phillip Kathy DiNa tale
1/IlI/Da wo I Ieee
,..,... ~ DIAD Dr nn.& - ., --
no...,. TJ.I
lIIIle ....~ A... APP'D IT
r:ltt"~l,.r TJ.I Exhibit "B"
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Ann Phillips Pre-School
CU-2003-AR-3914
CONDITIONS
The grant of this Conditional Use petition is subject to the following condition(s):
1. A fence or wall, eight feet in height, shall be indicated on the site development
plan along the north and west sides of the playground. The wall shall be
constructed prior to the issuance of the certificate of occupancy for the building
addition.
2. A marked walkway, five feet in width, shall be indicated on the site development
plan, connecting the sidewalk along I02nd Avenue North to the entrance of the
building. The walkway shall be constructed prior to issuance of the certificate of
occupancy for the building addition.
3. A tree, which meets the minimum size requirements of Subsection 2.4.4.2 of the
Land Development Code or successor ordinance, and which is in excess of the
quantitative requirement of said Subsection, shall be indicated on the site
development plan on the west side of the playground. The tree shall be installed
prior to the issuance of the certificate of occupancy for the building addition.
EXHIBIT "C"