Resolution 2000-160
13A5
RESOLUTION 2000- 1 fi 0
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A PRIVATE SCHOOL CONDITIONAL USE "10" 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 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 "10" of Section
2.2.2.3 in an "A" Zone for a private school 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 R. Bruce Anderson, Esq., of Young, van Assenderp, Varnadoe &
Anderson, P.A., and Stephen G. Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing
Royal Palm International Academy, Inc., 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 "10" of Section 2.2.2.3 of the "A" Zoning
District for a private school in accordance with the Conceptual Master Plan (Exhibit "C") and subject
to the foll.owing conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
-1-
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 '~~
,2000.
BOARD OF ZO~Cj..~-tZE, ALS
COLLIER C5~'~17Y, FLORIDA ,.
BY:TIM(~i/Y J. CONS'~/~NTiNE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Attest as to Chatrean'$
signature only.
Approved as to Form and
Legal Sufficiency:
Mam(M. gcuderi, -
Assistant County Attohey
g/admin/CU-00-05/RESOLUTION/CB/im
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-05
The following facts are found:
Section __2.2.2.3.__ 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:
ao
B o
C o
Consistency with the Land Development Code and Growth
Management P nye~~~ 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 ac~in case of fire or catastrophe:
Adequat~ng~ & egress
Yek~~_,j No
Affect~ighboring properties in relation to noise,
gl~f~?,~co~omic or odor effects:
[ ~4 No a~fect or Affect mitigated by
~ Affect ca--~ be mitigated
D o
Based on the ab_Q~-~ings,
st ipul at ions ,f/~ c~ ~,t,t~e d)
approval I~ flf/~/' L'u~./.~
/
Compatibility with adjacent properties and other
property in the district:
Compatible u y~n district
No
this conditional use should, with
(should not) be recommended for
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-05
The following facts are found:
Section 2.2.2.3.
the conditional use.
of the Land Development Code authorized
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:
no
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
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
u/No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes .~/' No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval . ./
DATE: *~,~1./~/,~¢,00 MEMBER: ~A ~-'~, ~-~-~4[<-~t'
13 5 '
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-05
The following facts are found:
Section 2.2.2.3.__ 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:
ko
Consistency with the Land Development Code and
Growth Management Plan:
Yes L/No
S 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
Affects neighboring properties in relation to noise,
glar~conomic or odor effects:
No affect or
Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~---~No
Based on the above findings, this conditional use~oul~with
stipulations, (copy attached) (should not) be recommended~for
approval
DATE:
13/ 5
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-05
The following facts are found:
Section 2.2.2.3. 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 P~n:
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 & e~ess
Yes ~/ No
Affects-neighboring properties in relation to
glar ,~/economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
noise,
Compatibility with adjacent properties and other
property in the dist~.~.:
Compatible use/~ithin district
Yes ~ No
Based on the above findings, this cond_~_itional use/s~ld, with
stipulations, (co~y attached)-{~~e~ded for
approval ' ~ ~ ~,.,/~£~ .
13A5
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-05
The following facts are found:
Section ~.2.2.3. 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:
Ao
Consistency with the Land Development Code and
Growth Management Pl~n~
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 &,eg~ss
Yes ~/No
Affects neighboring properties in relation to noise,
gla~e,~onomic 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 us,e w~z~nin district
Yes ~-/ No
Based on the above findings, this conditional use should, with
stipulations~, (co~py a~ttached) (should not) be reQommended for
appr°val -~--~ ~/~ ' /~~~~/
DATE: ~ -- ~ -- 6~/ MEMBER:
13A5
ALL INAT PART OF' S~'CI)ON 13. TOWNSkBP 48 SOUI),I, RAN(~ 25 £AST.
COUNTY. FLORIDA BEZNG MORE' PARTICt4,,At~Y I:I~'SCRIB~D AS FOLLOWS..
COMWENCIt,~ AT THE EAST GUARTER ~ OF SAID SECTION 13: ~
SOUlH 0'3Z'37" EAST ALONG 1HE EAS1ERL Y UNE OF' SAID SECTION a
~ J CENmAL ANIZE OF' ~0'4Z'2~' AN ARC OtSTANC~ OF' 34~.96 FEET
~ a CHORO OF NORIH 3~6'29' WEST ,,14~.40 FE~T:
~ LF, AVING SAID RIgHT-OF-WAY lINE NOR~,I 0~1'37" I!IEST A
~ ~ 33'0~'47" FAST A DISTANCE OF' 117.91 ~;
~/~OR/H 8g'2:B"2~-~.AST A D/STANCE' OF' 2"3.q. 77 ~ TO /)4E' POINT OF'
EXHIBIT "BY
E,~F~IBI T "C"
CONDITIONS OF APPROVAL
CU-2000-05
13A5
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission in their public hearing on May 4, 2000.
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 (91-102).
A Site Development Plan (SDP) must be applied for and approved by the
Development Services staff prior to the prior to the issuance of a building
permit.
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.
EXHIBIT "D"