Resolution 2020-013 RESOLUTION NO. 20 - 1 3
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE-TO ALLOW
A PRIVATE SCHOOL AND PRESCHOOL WITH CHILD
CARE SERVICES IN THE AGRICULTURAL (A) ZONING
DISTRICT PURSUANT TO SECTIONS 2.03.01.A.1.C.10 AND
2.03.01.A.1.C.11 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE, FOR 9± ACRES OF A 15.97±ACRE
PARCEL LOCATED ON THE SOUTH SIDE OF
WESTCLOX STREET, APPROXIMATELY HALF A MILE
WEST OF CARSON ROAD IN IMMOKALEE, IN SECTION
31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA. (PL20180002693)
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. 2004-41, as amended) 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 Board of Zoning Appeals (Board), 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 a Conditional Use
to allow a private school and preschool with child care services in an Agricultural (A) zoning
district pursuant to Sections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11 of the Collier County Land
Development Code on the property hereinafter described, and the Collier County Planning
Commission has made findings that the granting of the Conditional Use will not adversely affect
the public interest and the specific requirements governing the Conditional Use have been met
and that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land
Development Code; 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number CU- PL20180002693 filed by Barron Collier Partnership, LLLP,
with respect to the property hereinafter described in Exhibit A, be and the same is hereby
approved for a Conditional Use to allow a private school and preschool with child care services
in the Agricultural (A) zoning district pursuant to Sections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11
of the Collier County Land Development Code, in accordance with the Conceptual Site Plan
described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are
attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and super-majority vote, this 1 'day of
,,) ,‘ILt(kr y , 2020.
ATTEST: • BOARD OF Z• ,Ii. APPEALS
CRY •' 'i ,V. U 1ZEL, CLERK COLLIE C Wy Y, FL 0 ' DA
' ftr OA.
0: AI
e .`_:s,.►ti .., lb By:
,es a. .•'! 4 • ;deputy Clerk W'liam L. McDaniel, Jr., Chairman
ti ature o •`s,,,,
.•
Approved as a form and legality:
it
Sally A"As ar
Assistant County Attorney \Ok`\q
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C—Conditions of Approval
[19-CPS-01888/1514426/1] 101
Immokalee Guadalupe/PL20180002693
12/19/19 Page 2 of 2
CD
Exhibit "A"
Legal Description
DESCRIPTION:
(BY SUP.VEYOR)
A PARCEL Of LAND
SECTIONS 30 & 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST
COWER C WNW, FLORIDA
IPMCSL I)
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-OuARTER OF SAID SECTION 31, THENCE
SOCr64'34"E, ALONG THE EAST UNE OF SAID NORTHWEST ONE-0 uARTER, A DISTANCE OF 30,19 FEET TO AN
INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF WESTCLOX STREET (60 FEET WIDE); THENCE N.8431'45141
ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 30.19 FEET TO THE POINT Of BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE S.00 52'58-E. ALONG THE WEST LINE Of THE EAST 30 FEET OF THE
AFOREMENTIOM) NORTHWEST ONE-QUARTER OF SECTION 3), A DISTANCE OF 627.51 FEET TO THE NORTHEAST
CORNER OF LIBERTY LANDING, AS RECORDED IN PLAT BOOK 47, PAGE 71, OF THE P UBUC RECORDS OF
COLLER COUNT. FLORIDA; THENCE N.8$'10'10-W. ALONG THE NORTH LOC OF SMO PLAT, A DISTANCE OF
632.45 FEET TO THE SOUTHEA-ST CORNER OF INDEPENDENCE PHASE rifio-A, AS RECORDED IN PLAT BOOK 48,
PAGE 19, OF SAID PUBLIC RECORDS; THENCE N,00•3535V ALONG THE EAST LINE or SAID RAT AND THE
EAST UNE OF INDEPENDENCE PHASE TWO. AS RECORDED IN PLAT BOOK 43, PAGE 64, OF SAID PUBLIC
RECORDS, A DISTANCE Of 634 27 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTH
RICHT-Of-WAY OF WESTCLOX STREET, THENCE $8431 45't ALONG SAID SOUTH RICHT-Of-WAY, A DISTANCE
OF 629.97 FEET TO THE POINT OF BEGINNINO.
DESCRIBED PARCEL CONTAINS 396,114 SQUARE FEET OR 9.09 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LANDS:
1PARCEL 2)
A PARCEL OF LAND LYING IN SECTIONS 30 AND 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST CsIE-.WARIER OF THE AFOREMENTIONED SECTION
30, THENCE 5.00'52'93T ALONG THE EAST LINE OF THE MORN INTONED NORTHWEST ONE-OUARTER OF
SECTX)N 31, A DISTANCE OF 30.19 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTH
RIGHT-OF-WAY OF WESTCLOX STREET (60 FEET AIDE), THENCE N 8431.45"W ALONG SAID SOUTH
RIGHT-OF-WAY, A DISTANCE OF 660.15 FEET TO AN INTERSECTION WITH THE EAST LINE Of THE
AFOROAENTONED INDEPENDENCE PHASE TWO, AS RECORDED IN PLAT BOOK 43, PAGE 64, OF SAID PUBLIC
RECORDS; THENCE N.00'35.351Y ALONG SAID EAST LINE, A DISTANCE OF 30.17 FEET TO THE NORTHEAST
CORNER OF SAID PLAT AND AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF
SMO SECTION 30; THENCE N.64`31'45"W. ALONG SAID SOUTH UNE. A DISTANCE OF 176.24 FEET; THENCE
N.05.28'15*E, DEPARTING 5A SOUTH LINE, A DISTANCE Of .30.00 FEET; THENCE S-134431 45`E PARALLEL WITH
AND 30,00 FEET PERPENOICULAR FROM SAID SOUTH LINE OF SECTION 30, A DISTANCE OF 833,22 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EAST LINE OF THE SOUTHWEST ONE-OUARTER OF SMD SECTION 30;
THENCE S-001 7027E ALONG SAID EAST UNE, A DISTANCE OF 30,15 FEET TO THE POINT OF BEGINNING
DESCRIBED PARCEL CONTAINS 44,843 SQUARE FEET OR 1.(3 ACRES, MORE OR LESS,
.7)
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SITE INFORMATION:
ZONING A, AGRICULTURAL
SITE AREA: 9+/— AC.
SETBACKS (MINIMUM):
PRINCIPAL STRUCTURE:
WESTC LOX ST. 175'
SOUTH 100'
EAST 200'
WEST 60'
ACCESSORY STRUCTURES:
FRONT (WESTCLOX ST.) 10'
REAR (SOUTH) 15'
SIDE (EAST AND WEST) 15'
NOTES:
1. ALL ON—SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING
PROPERTIES. PARKING LOT LIGHTING LIMITED TO 15 FEET IN HEIGHT IN AREA SHOWN
ON SITE PLAN.
2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE
TO AGENCY PERMITTING REQUIREMENTS.
3. A WEST BOUND LEFT TURN STORAGE LANE AND COMPENSATING RIGHT—OF—WAY WILL BE
PROVIDED AT TIME OF SDP, IF NECESSARY.
4. PRESERVE NOT REQUIRED.
IMMOKALEE GUADALUPE CENTER SCALE:
N.A.
Q.Grads Minor and Asroclztes.P.4. MMM:
DATE:
3800 Via Del Rey 5000 8
Bonita Springs.Florida 34134 BATE:
CONDITIONAL USE SITE PLAN NOTES MAPOH 3019
Civil Engineers . Land Surveyors . Planners Landscape Architects PILE NAME: —
LcrLurAani.EBnnn6,G, n:n.,,1soIl: .BnnnsisaNnrEE ,znnnnnn Revised: Decem ber 13, 2019 a
Bonita Springs: 239.947.1144 www.Gradylflnor.rom Fort Myers:239.090.4380 SHEET 2 OF 2
Exhibit "C"
Conditions of Approval
1. The Conditional Use is limited to what is shown on the site plan, identified as "Immokalee
Guadalupe Center—Conditional Use Site Plan"prepared by Q. Grady Minor and Associates,
P.A., dated December 13, 2019. The final design must be in compliance with all applicable
federal, state and county laws and regulations. The Zoning Division Director may approve
minor changes in the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain consistent with all
applicable development standards.
2. Should Westclox Street be extended, the developer will be responsible for the cost of
construction of all site-related turn lanes, as well as for compensating right-of-way.
3. At the time of Site Development Plan(SDP),the applicant shall submit plans illustrating that
outdoor lighting for the parking areas shall be designed to reduce light spillage beyond the
property lines. Parking lot lighting pole height shall be limited to 15 feet as depicted by the
hatch patterned area on the Site Plan.
[19-CPS-01888/1514423/1]