Resolution 1998-372RESOLUTION 98- 372
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHILD DAY CARE CENTER CONDITIONAL USE
"2" IH THE "I" INDUSTRIAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.16.3. OF THE COLLIER
COUNTY LAND DEVELOPHENT CODE FOR PROPERTY
LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-12~6, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier Cc,tory the power to establish, coordinate and
enforce zonin9 and f3uch 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 qeographic divisions of the County, among which
is the granting cf C.,)r]di. tional Uses; and
WHEREAS, the C,311ior County Planning Commission, being the duly
appointed and constitute<] planning board for the area hereby
affected, has held a public }]earing after notice as in said
regulations made and provided, and has considered the advisability of
Conditional Use "2" of [{ecti(n 2.2.16.3. in an "I" Industrial Zone
for a child day care center on t'he property hereinafter described,
and has fou~%d a~ .7, ~r~atter of fact (E>:hibit "A") that satisfactory
provision and arranqement have been made concerning all applicable
matters required by said regulations and in accordance with
Subsect.ion 2.7.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHE~EAS, ail interested parties have been given opportunity to
be heard by t. hi:; [~.c'~<~r~] i:1 a [~:bl~c meet].~3 assembled and the Board
having considered ali matt'ers presented.
NOW, THEREFORE BE IT }{ESOI,VED, BY 'rile BOARD OF ZONING APPEALS of
Collier County, Florida that:
1
Tho petitio.*~ £iled by Dominick J. Amico, Jr., of Agnoli, Barber
Ptund:~q..~, ~nc., representinq Collier Development Corporation with
._~v.._~ ~,:~ tho ~,roper~ / hereinafter described
.... · ..~,..[t "b" which is attached hereto and incorporated by
be and the same is hereby approved for Conditional Use "2" of Section
2.2.16.'3. of the "t" Industrial Zoning District for a child day care
center ir: ~':co:':~anco.. w[tih the F'once~.. ~ ptual >:aster ir'lan (Exhibit "C")
and su!,je :L 'o t. he [ollowinn conditions:
::,[:',:: chang,m in the location, siting,
b~tidings, 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
app]icabie County ordinances in effect at the time of
~ubmittn~, Jncludinq Division 3.3, Site Development
['lan Review and approval, of the Collier County Land
?e';c~lopment Code {Ordinance No. 91-102).
BE IT FURTHER RESOI,VED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ,7'r'~" day of ;"' ~
.................. --~4,~ , 1998.
DWIGHT E. BF;CCK, rii,.-2rk
Approved as t.o Form and
Legal Sufficiency:
Ma. jo%lo
Assistant County Attorney
BOARD OF ZOHING APPEALS
COLLIER COUNTY, FLORIDA
BARBA-~.A B. BEhRY,%C~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-9@-16
The following ~ac~s are found:
Section 2.2.16.3.2 of the Land Development Code authorized
the conditional use.
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. Consiszenc'/ with the Land Deve!cpmenu Code and
Growth Management P!ap:
· ~ .... ~=ss ~o property and proposed
structures thereon with particular ~eference to
au~omoti-ze and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catasurophe:
Adequate ingress & eg/ess
Yes __[/ No
~.-. Affects ,.-~,.-~--..~'~c'~¼~."~'~_ prcuerties, in relation to noise,
glar~',/:_~nom~c or cuor effects:
%/~o ~ffect or Affect mitigated by
Affect cannou be mitigated
D. Compatibz!ity with adjacent properties and other
~o.~ .... z ~n the district:
Ccr. patible use w~t~hin district
Yes O/' No
Based on the above =~ndings, n!~itional use should, with
stipulations, (cop'/ attached) ~]ot) be recommended for
approval
~r~ ~ ~ : MEMBER : __
EXHIBIT "A"
f/C'J-95-1~ FI:~Di::G OF FACT
LEGAL DESCRIPTION
l.ots 31 & 33, East Naples Industrial Park, As Recorded In Plat Book 10,
Pages 114 & 115 Ot'Th¢ Public Records Of Collier County, Florida.
Section 35, Toxvnship 49S, Range 25E.
Exhibit "B"
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