Resolution 2000-156
13 Al
RESOLUTION 2000-...J2.L
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF AN ASSISTED LIVING
FACILITY (ALF) CONDITIONAL USE "16" IN THE
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 7, TOWNSHIP 50 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 Use "16" of Section 2.2.2.3.. in an
Agriculture Zone for an Assisted Living Facility 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 Mr. Kevin McVicker of Phoenix Planning and Engineering, Inc.,
representing Jon Laidig 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 "16" of Section 2.2.2.3. of the Agriculture
Zoning District for an Assisted Living Facility, in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
-1-
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.
This Resolution adopted after motion, second and majority vote.
Done this ~fft~ day of ~7~ o~ ,2000.
ATTEST:
DWfGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER CO~?,~
Attest as to Chairman's
signature only.
Approved as to Form and
Legal Sufficiency:
'Marjo1~ffM. Student
Assistant County Attorney
g/admin/CU-99-03 RESOLUTION/RB/im
2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-03
The following facts are found:
Section 2.2.2.3.16. of the Land Development Code authorized
the conditional use.
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:
no
m o
Co
Consistency with the Land Development Code and Growth
Management ~~e~ ~2
, 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 acc~n case of fire or catastrophe:
Adequat~gr~B~& egress
%Yes~/No
Affects neighboring properties in relation to noise,
gl~&~n~O~ic or odor effects:
%./~ No ~f_~_~t or Affect mitigated by
....... Affect cannot be mitigated
D o
Based on the above findings,
stipulations, ( c~o.I~¥ attached)
approval ~0~
DATE: ~/~/~
Compatibility with adjacent properties and other
property in the district:
Compatible u~e~3~n~n district
No
this conditional us oul with
(should not) be recTDmmerf~ed for
CHAIRMAN:
g/admin/FINDING OF FACT CHAIRMAN/CU-99-03/RB/im
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COI/NTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-03
The following facts are found:
Section 2.2.2.3.16. of the Land Development Code authorized
the conditional use.
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:
ao
Consistency with the Land Development Code and
Growth Management P~
Yes No
B o
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 & ej~l~ess
Yes ~'No
C o
Affects neighboring properties in relation to noise,
gla~'~conomic or odor effects:
' No affect or
Affect mitigated by
Affect cannot be mitigated
D o
Compatibility with adjacent properties and other
property in the district:
Compatible use,w~ithin district
Yes w" No
Based on the above findings,
stipulations, _(copy a~t ached)
approval ~/f~;~' ~..
DATE: ~/¢D
g/adminFF1NDING OF FACT MEMBER/CU-99-03/RB/irn
this conditional use should,
( ~~ b~mmended
with
for
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-03
The following facts are found:
Section 2.2.2.3.16. of the Land Development Code authorized
the conditional use.
o
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:
Consistency with the Land Development Code and
Growth Management P~:
Yes No
o
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 & egr,~ss
Yes L~/No
Affects neighborin9 properties in relation to noise,
gl~re,/~conomic or odor effects:
~-~ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use~w~hin district
Yes ~/No
Based on the above findings, this conditional use should,
ulations, (copy attached) (should not~~ recommended
DATE: ~_~---~-/~;~j MEMBER:
with
for
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-03
The following facts are found:
Section 2.2.2.3.16. of the Land Development Code authorized
the conditional use.
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:
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~/'No
o
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 o
Affects neighboring properties in relation to noise,
glarer, economic or odor effects:
~// No affect or Affect mitigated by
Affect cannot be mitigated
D 0
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/~ No
Based on the above findings,
stipulations, (copy attached)
approval v/
this conditional use should, with
(~u~-not) be recommended for
DATE:
MEMBER:
g/admin/FINDING OF FACT MEMBER/CU-99-03/RB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
Petition No. CU-99-03
The following facts are found:
Section 2.2.2.3.16. of the Land Development Code authorized
the conditional use.
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 P~
Yes No
B o
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 o
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~ No
Based on the above findings, t ' c~nal use should, with
stipulations, (copy attached) ~(s.~_hould no_~ be recommended for
approval
DATE: ~--¢ --~ MEMBER: ~
~ad~n/F~D~G OF FACT MEMB~CU-99-03/RB/im
PARCEL A:
LEGAL
DESCRIPTION
13A1
THE NORTH 660 FEET OF THE WEST 3/4 OF THE WEST 1/2 OF THE EAST
1/2 OF THE WEST I/2 OF THE NE 1/4 AND THE NORTH 660 FEET OF
THE EAST 1/4 OF THE EAST 1/2 OF THE WEST 1/2 OF THE WEST 1/2
OF THE NE 1/4. SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS RIGHTS-OF-WAY RECORDED IN
OFFICIAL RECORD BOOK 165, PAGE 352, AND RECORDED IN OFFICIAL
RECORD BOOK 202, PAGE 887, OF THE .PUBLIC RECORDS OF SAID COUNTY.
PARCEL B:
ALL THAT PART OF SECTION 7, ~TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA AND BEI/qG MoRE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT HE NORTHEAST CORNER OF SAID-SECTION 7: THENCE
ALONG THE NORTH LINE OF SAID SECTION 7 NORTH 89°-58'-39'~ WEST
20~59.65 FEET TO THE NORTHEAST CORNER OF: THOSE LANDS AS
DESCRIBED IN O.R. 657, PAGE 621, COLLIER COUNTYPUBLIC RECORDS,
COLLIER COUNTY, FLORIDA: : ~
THENCE ALONG' THE EASTERLY LINE OF sAID DESCRIBED LAND SOUTH
0~-35'-32" EAST 75.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE
OF DAVIS BOULEVARD (S.R. 84) AND THE POIlXJT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED:
THENCE CONTINUE ALONG THE,EASTERLY LINE OF SAID
DESCRIBED LAND SOUTH!~3~5'-32" EAST 645.00 FEET:
THENCE LEAVING SAID EASTERLY LINE NORTH 89°-58'-39;' WEST
221.62 FEET TO A POINT oN A CLrRVE O~ THE EAST LINE OF THAT
LAND AS DESCRIBED IN O.R.-:108-3, PAGE 2162, COLLIER COUNTY
PUBLIC RECORDS, COLLIER COUNTY, FLORIDAz
THENCE NORTHWESTERLY 46.53 FEET ALONG THE ARC OF A NON-
TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 340.84 FEET THROUGH A CENTRAL ANGLE OF
07'-49'-18" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 12°44'-20" WEST 46149 FEET TO A POINT OF REVERSE
CURVATURE: THENCE CONTINUE ALONG SAID LINE NORTHERLY
101.50 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO
THE NORTHEAST HAVING RADIUS OF 340.84 FEET THROUGH A
CENTRAL ANGLE OF 172-03 '-40" AND BEING SUBTENDED BY A CHORD
WHICH BEARS NORTH 09-°07'-09" WEST 101.12 FEET:
THENCE CONTINUE ALONG SAID LI2gE NORTH 00°-35'-19" WEST
500.0 FEET TO THE SOUTHERLY. RIGHT-OF-WAY LINE OF DAVIS
BOULEVARD (S.R. 84):
THENCE ALONG SAID RIGHT, OF-WAY LINE SOUTH 89°-58'-39" EAST
247.16 FEE'I: TO THE POINT OF-BEGINNING OF THE PARCE~
DESCRIBED.
EXHIBIT "B"
I-4
rn
CP2OWN ~'OSNTF= [:3LVD. W~ST
GREEN THUMB ACLF
EXHIBIT "C"
,,;- .... ~ ~.~. ;~.~-~,.. .~' . .... ;
13A1
CONDITIONS OF APPROVAL
CU-99-3
a)
b)
c)
d)
e)
f)
g)
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
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 of the Collier County
Land Development Code.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity an historic or archaeological artifact is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
An appropriate portion of native vegetation shall be retained on site as required in Section
3.9.5.5.4 of the Collier County Land Development Code.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on areas of retained native vegetation, shall be submitted to Current Planning
Environmental Staff for review and approval prior to final site plan/construction plan
approval.
The developer shall not import or export fill material to or from the subject site without prior
approval of the Board of County Commissioners.
The applicant shall be responsible for the construction of a right turn lane at the project
entrance on Davis Boulevard. Compensating right-of-way for the right turn lane shall be
dedicated by the applicant for use of the existing right-of-way. Such dedication shall be
considered site related and there shall be no road impact fee credit to the applicant.
The applicant shall be required to make modifications to the existing median opening on
Crown Point Boulevard West in order to provide proper access to the proposed development.
These modifications shall be in accordance with the requirements of the Collier County
Transportation Services Department.
EXHIBIT "D"