Resolution 1996-405
RESOLUTION 96----&.05
A RESOLUTION PROVIDING FOR THJ~ ESTABLISHMENT
OF A GROUP CARE FACILI'rY CONDITIONAL USE "16"
IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OP THE COLLIER
COUNTY LAND DEVELOPMENT CODE POR PROPERTY
FRONTING ON THE WEST SIDE OF ~IRPORT ROAD
LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State e,f Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, F'lorida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulationn 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 d"ly
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 "A" Rural Agricultural zoning district for a
group care facility on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory ,rovision and
arrangement have been made concerning all .3pplicable 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:
SEP - J 1996
The petition filed by Bruce E. Tyson ASLA, of Wilson Miller,
Barton & Peek, Inc. representing Stuart Marcus as Trustee, or Assignee,
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 Uses "16" of Section
2.2.2.3 of the "A" zoning district for a group care facility in
accordance with the Conceptual Master Plan (Exhibit "C") and subject to
the following conditions:
1. The Planning & Technical Services 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 No. 91-102).
2. Prior to the issuance of a Certificate of Occupancy
arterial level street lighting shall be installed at
project entrances.
3. Project entrances at Airport Road and Orange Blossom
Drive in accordance with the County's Access Management
Plan shall be established to allow residents the option
of accessing either Airport Road or Orange Blossom
Drive. The Orange Blossom Drive entrance way shall be
established at the time a Certificate of Occupancy is
requested for the final building phase.
4. The applicant shall be required, under the provisions of
Ordinance 93-64, to provide a southbound right turn Ian"
from Airport Road into the project. Compensating
right-of-way shall be required as a consequence of the
installation of this turn lane. In addition, the
existing sidewalk along Airport Road shall be
reconstructed to a location and crade which will
facilitate storm water runoff. fhese improvements will
be made when requested by Collier County.
5. As part of the Airport Road six-lane project, Orange
Blossom Drive will be reconfigurE,d to four lanes from
Airport Road west to the Animal Control driveway. In
addition, a new driveway entrance to serve the Italian-
Merican Club will be located across from the Animal
Control driveway. There will be a median opening at
this location. Any proposed future access from this
project onto Orange Blossom Drive shall be required to
take these proposed changes into consideration and shall
be consistent with the County's then-current Access
Management Policy.
SEP - 3 1996
6. The applicant shall be required to provide evidence of
adequate drainage outfall and sufficient capacity for
the project at the time of final site development
approval.
7. An exotic vegetation removal, moni'toring, and
maintenance (exotic-free) plan for the site shall be
submitted to Current Planning Environmental Review Staff
for review and approval prior to final site plant
construction plan approval.
8. Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE), and South Florida Water
Management District (SFWMD) shall be presented prior to
final site development plan approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Mac'Kie
e,ffered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
lIancock
and upon roll call, the vote was:
AYES: Commissioner Mac'Kie, Commissioner Hancock, Commissioner Constantine,
Commissioner Matthews, and Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
3rd
day of Septembec
, 1996.
".
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~~'/'
BY: ~?V ' ~
C. NO IS HAIRMAN
ATT};ST: .'
DWIGHT E. BROCK, ,:CLERK
f2 (___
~ ~.;.: '~".'~1d.
MARJ~. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-96-10 RESOLUTION/17327
SEP - 3 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-10
The following facts are found:
1. section 2.2.2.3.16 of the Land Devlopment 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. Consistency with the Land Development Code and
Growth Management Pla~
Yes ../' No
B. 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 j egress
Yes ~ No
C. Affects neighboring properties in relation to
noise~lare, economic 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 Wit~~istrict
Yes No
Based on the above findings, this Cgndit!O~~t~S~ should,
with stipulations, (copy attached) ~u d e
recommended for approval .
DATE: ;)/rf," t CHAIRMAN: ~ jt If ~)
FINDING OF FACT CHAIRMAN/17330
EXHIBIT "A"
eOD( OOOrv.: If.>U
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHEAST CORKER OF SECTION 2. TOVNSHIP 49 SOUTH.
RANGE 25 EAST. COLLIER COUNTY. FLORIDA'
THENCE ~LONG THE EAST LINE OF SAIO SECITON ;2 NORTH 02 '57'30' \lEST
1397.1' FEET'
THENCE LEAVING SAID SECTION LINE SOUTH 89'Q8'26' WEST 100.02 FEET
TO THE WEST RIGHT OF WAY OF AIRPORT PULLING ROAD (C.R. 31) AND
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED'
THENCE CONTINUE SOUTH 89'08'26" WEST 602.51 FEET'
THENCE CONTINUE SOUTH 89'OB'26' WEST 646.S3 FEET'
THENCE NORTH 02'41'03" WEST 972,50 FEET TO THE SOUTH
RIGHT OF WAY LINE OF ORANGE BLOSSOM DRIVE.
THENCE ALONG SAID LINE NORTH B9'12'27" EAST 584.37 FEET.
THENCE LEAVING SAID liNE SOUTH 02'56'50' EAST 660.18 FEET.
THENCE NORTH e9'12'27" EAST 660.26 FEET TO THE SAID WEST
RIGHT OF WAY LINE OF AIRPORT PUlLING ROAD'
THENCE ALONG ShlD WEST LINE SOUTH 02'55'50' EAST 311.02
FEET TO THE POINT OF 8EGINNING:
CONTAINING 17.8 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO.
,
BOOK noo w: 160
. .
5EP - 3 1996
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CONDIT1ONAL USE MASTER PLAN ill:l. If rUH
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