Resolution 1999-324 DO 1999-002R ESOI,U'FION 99-
A RESOLUTION PROVIDING FOR THE ESTABLIStlMENT
OF A PRESCHOOL CONDITIONAL USE "Y' IN TIlE "RMF-
6" ZONING DISTRICT PURSUANT TO SECTION 2.2.5,3. OF
TIlE COLLIER COUNTY LAND DEVELOPMI','NT CODE
FOR PROPERTY LOCATED IN SECTION 28, TOWNSIIIP 48
SOUTH, RANGE 25 EAST. COLLIER COUNTY, FI,ORIDA.
WItEREAS. the Lcgislaturc of the State of Florida in Chaptcr 6% 1246, l.aws of Florida. and
Chapter 125. Florida Statutes, has confcrrcd on Collicr County the power to establish, coordinate and
enforce/oning ant[ such business regulations as are ncccssary for the protection of the public; and
WHEREAS. the County pursuant thereto has adopted a Land Dcvch.)pment Code (Ordinance
1'4o. 91-1{)2) which includes a Comprehensive Zoning Ordinance establishing regulations lbr the
zoning of particular geographic divisions of the County, among v;hich is the granting of ('omlitional
Uses; and
WHEREAS. the Collier County Planning Commission. being the duly appointed and
constituted planning board for the area hereby affccled, has held a public hearing after notice as in said
regulations made and provided. anti has considered the advisability of Conditional Use "Y' of Section
2.2.5.3. in an RMF-6 Zone for a preschool on the property hereinafter described, and bas tbund as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement have bccn 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 intcrested parties have bccn given opporlunity to bc heard by this Board in a
public meeting assembled and thc Board having considcrcd all matters prescnlcd.
NOW, TJtEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS of
Collier County. Florida tbal:
The petition filed by Katherine DiNalalc v,'ith respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporaled by reference herein
be and the same is hereby approved for Condilional Use "3" of Section 2.2.5.3. of the RMF-6 Zoning
District lbr a preschool in accordance with the Conccplual Master Plan (F, xhibit "U") and subject Io the
following conditions:
This conditional use authorizes the properly to bc used as a fenced
playground wilh no additional structures.
17D
BE IT Fl. :RTIIF. R RESOI.VED that this Resolution be recorded in Ihc mira,los of INs Board.
l'his Rcsolulion adopied after motion, sccoml and majority vote.
Done this ,_~ day o£.~.~, 1999.
ATTEST:
DWIGH¥ E. 13ROCK. Clerk
Mariorio M. Student
Assistant Courtly Atlomey
BOARD OF ZONING APPEALS
COLLIER COUNTY. FLORIDA
PAMELA S. MAC'KIE. Chairxvoman
-2-
FINDING OF FACT
BY
COLLIER COUNTY PL;uNNING COMMiSSiON
FOR
A CONDITIONAL USE PETITION
FOR
178
CU;,9.97~09
The following facts are found:
S=.~tion 2 2 5 3 3 of the Land Developmen':
the conditional use.
G_~n~inc= the conditional use will riot a':';,.:-q,.iy
public interest and will not adversely aff.~.ct eth,'r [,roper'[}'
or uses in the same district or neighborhood beca~sc
Consistency with_~he Land Development Cod,-:
Growth Manag,e~aent P~an:
%Yes t~z., ] No
Ingress and egress to property and proposed
structures thereon with particular ref~rc. nce to
automot:lye and pedestrian t~afety and convenience,
traffic flow and control, and access .~n case. of
catastrophe:
Adequate ingres.~ & egress
Affects neighboring properties in reia~ien to noise,
giare]-~o~Omic or odor effects:
.%~ ..N~.~.a__f~e~t or Affect mitigated by
____ Affect cannot be miti?lated
..omDa~bility with adjacent propert~:~., and other
property in the district:
Compatible hS-e, within district
Yes A
Based on the above findings, this conditional u::e should, with
stipulations, _~y-'~t~e~-~hcutd not--)~be r,:cc:nmended for
a pp rova ! A/~/~gj~ - __.
.,,.,,.. ,, p,
DATE: ~, /,V ~ MEMBER :~~,- .'"' x .,'~
Vice Chairman
f/FiNDING CF FACT MEMBER/CU-99-09
Exhibit. "~,"
LEGAL DESCRII~I'ION
This is a boundary survey of the following:
Lot 48, Block 72, Unit gS, Naples Park as
~ecorded in Plat Book 3, Page 14 of the
Public Records of Collier County, Florida
EXHIBIT "B"
171)
EXHIBIT "C"