Resolution 1999-428· .. 17F-
RESOI.UTION 90- 428
A RESOLUTION I'ROVIDING FOR Till:. L;S'FA[!IJSIIMF. NT
OF GROUP ('ARE FACILITY CONDITIONAl. USE "6" IN
TItF. "RMF-6" ZONING DISTRICT I'tlRSUANT TO
SEC'rlON 2.2.5.3 OF TIlE COLLIER COUNTY I.AND
DEVEI,OPMENT CODE FOR PROPERTY I,O('ATF. I~ IN
SF.C'FION II. TOWNSflIP 50 SOUT!l, P. AN(iI': 25 liAST.
COLLIER COUNTY, FI,ORII)A.
Wit ERF. AS. the Legislature of the State of Florida in Chapter 67-1240, l,aws of Florid;~.
Chapter 125. Florida Statutes, has con feted on Collier County Ihe power to establish, coordinmc and
enlbrce zoning and such business regulalions as are necessao' for Ihe prolection of the public; and
Wt IEREAS, Ihc Counly pursuant lhercto has adopled a Land Development Code (Ordinance
No. 91-102~ which includes a Comprehensive Zoning Ordinance establishing regulations l~r
zoning oVparticular geographic divisions of linc Coulll)', alllollg which is the granting oF ('traditional
Uses: anti
WI IEREAS. the Collier Counly Planning ('oremission, being Ihc duly appointed alld
constituted planning board for the area hereby affected, bas held a public hearing after nolicc as in said
regulations made and provided, and has considered the advisabilily of('onditional Use "6" of
2.2.5.3 in an "RMF-6" Zone for a Group Care Facilily on the property hereinafter described. alld has
forrod as a matter of fi~ct (Exhibit "A") Ihal satisfi~cloty provision alld arrangement have bccn matte
concerning all applicable matters required by saitl regulations and in accordance with
2.7.4.4 of the Land Development Code for the Collier ('ounly Phmning Commission: mid
WHEREAS, all interested panics have bccn given oppoflunity to bc heard by this Board m
public meeting assembled and the Board having considered all matters presented.
NOW, TItEREFORE BE IT RESOLVED, 11Y TIlE BOARD ()F ZONING AI'I'FL,~I.S
Collier Coumy, Florida lhal:
The petition filed by D. Wayne Amoltl, AI('P, ofQ. Grady Minor and Associates, I'.A..
rcprcscnling SAWCC, Inc. with respect ~o the property hereinalter described
Exhibit "B" which is attached hcrclo arid incorporated by reference herein
be and the same is hereby approved Ibr Condilional Use "6" of Seclion 2.2.5.3 of the "RMF-6" Zoning
District for a Group Cam Facility in accordance with the Conceptual Master Plan {Exhibil "C"} :uld
subject to the tbllowing conditions:
Exhibit "D" which is atlachcd hereto and incoB~oraled by reference herein.
17F .-
BE IT FURTIlER RESOLVF. D thai Ihis Resolution be recorded in the minulcs of this Board.
This Resolution adopted after motion, second and majorily vole.
Done this ,:~ 3 ~ day of~'~d.~,~.":,'O__~r'g". ~, 1999.
ATTEST:
D",~,':IC, IiTE' BROCK. Clerk
Approved hs t~ :l~0m'~ and
Lbgal Sufficie?>3' .
M,Smi S. Sct,deri
Assislant County Attorney
g.~,~dm~w RI:S()I I I I ION,( '1 I-~)~)-2f~ I' R,'m~
BOARD OF ZONING APPI!AI.S
COLLIER COUNTY. FLORIDA
/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-26
The following facts are found:
Section 2.2.5.3.6 of the Land Development Code authorized
the conditicnal use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other prcpert'.'
or uses in the same district or neighborhood because of:
Consistency with the La/nd Development Code and
Growth Management Plj~:
Yes P" 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
catastrophe:
Adequate ingress &
e~ss
Yes
Affects neighboring properties in relation to
glar~,~,-~'conomic or odor effects:
%,' ~;o affect or Affect mitigated by
Affect cannot be mitigated
nois~,
Compat~bility with adjacent properties and other
property in the district:
Compatible use w/i~in district
Yes ~ No
Based on the abo-ze findings, this conditicnal use should, w]tk
stipulations, (copy attached) (should not) be recommen~ for
DATE:
Acting Cha~i rman
g:tadmln/FINDING OF FACT MI:.~'tBER/CU-9q-26
EXHIBIT "A"
LEG AiL D E:::3C RIPTIO N
A PARCEL OF LAND L~'ING IN AND BEING PART OF LOT 39, NAPLES
GROVES AND TRUCK CO'S LtTILE FARMS NO. 2, ACORDING TO 1HE PLAT
I'HEREOF RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSEC'~ION OF' THE wE:ST LINE OF' THE SAID
LOT 39 W~TH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41
(TAMIAMI TRAIL); THENCE RUN SOU'D~I 51'52'10" EAST, ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE OF
354.0] FEET TO i~E EAST LINE OF SAID LOT 59; THENCE SOUTH O'0..3'10"
WEST, ALONG THE EAST LINE OF LOT 39, A DISTANCE OF 211.02 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE SOUTH 0'03'10" W~ST, ALONG THE EAST LINE OF
LOT 39, A DISTANCE OF 1235.97 FEET TO I'HE NORTH RIGHT-OF-WAY
LINE OF WEEKS AVENUE; THENCE SOUTH 89'58'45" WE:ST, ALONG THE
NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE, A DISTANCE OF 277.13
FEET TO THE WEST LINE OF SAID LOT 3g; THENCE NORTH 0'00'00"
EAST, ALONG THE WEST LOT OF LOT 39, A DISTANCE OF 12,56.07 FEET;
THENCE NORTH 90130"00' EAST, A DISTANCE OF 278.27 FEET TO THE
POINT OF BEGINNING;
LESS AND EXCEPT THE NORTH 280 THEREOF.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORDS.
PARCEL CONTAINS 6.09 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE ~ST LINE OF SAID LOT 39 AS BEING:
~C,~ n.~ 0'00'00' r ~S r
Exhibit "R"
PARKING
LOT
N go'00'00' £ 278.01'
S 89~8'45' W 277,13'
W~£KS AVE.
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CU-99-26
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, 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 shall be contacted.
2. An appropriate portion of native vegetation shall be retained on site as required
Section 3.9.5.5.4 of the Collier County Land Development Code.
3. An exotic vegetation removal, monitoring, and maintenance plan for the sile. w~th
emphasis on areas of retained native vegetation, shall be submitted to the Planning
Services Director for review and approval, prior Io Site Development Plan approval.
EXHIBIT "'D"