Resolution 1999-46917L
IU:,S()I.UTI()N 9t~-469
A RESOI,UTION !'ROVII)IN(i FOR TIII~ I.~STAI~[,IS!iMI.:NT
()F AN ASSISTEl) I,IVING FACII,ITY CONI)ITI()NAI,
"6" IN 'FILE RMF-16 ZONING I)!STRICT I'URSUANT TO
S!~CTION 2.2.7.3 OF Till',' COI,LIF, R C¢)UNI'Y I,ANI)
I)I.:VEI,OPMI':NT CO!)E FOR PROPEI~,TY i,()('ATI-:I) IN
SI.~CTION 19, TOWNSI!!I' 50 SOUTII. RANGI.,' 26 EAST.
COI,I.IER COUNTY. FI,ORII)A.
W111.3?,EAS. the l,egislalurc of the State of Florida in Chapter 67-1246. I,aws of Florida. and
Chapter 125. Florida Statutes. has conl~rrcd on Collier Cotlnly the poxvcr to establish. coordinate and
enforce zoning and such business rcgtdations as are necessary fi,r the prt~tcclion of the public:
WIIERI~AS. the County pursuant fl~ereto has adopted a I.and l)cvclopmcnt Code (Ordinance
No. 91-102) which includes a Comprchensixe Zoning ()rdinancc establishing regulations fi~r the
zoning of particular geographic divisi~ms of the County. among which is Ihc granting of Condititmal
Uses: and
WIII!REAS. the ('oilier County Phmning Commission. being the duly appointed and
constituted planning board tier the area hereby aflZ'ctcd, has held a public hearing al'tcr notice as in said
regulalions made and provided. and has considered Ihe advisability of Conditional Use "6" oI' Section
2.2.7.3 in an RMF-16 Zoning District tbr an Assisted l,iving Facility on Ihe property hereinafter
described. and has li~tmd as a matter of l~lcl tExhibit "A") that safislktctory provision and arrangcmcn~
have been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the l,and l)evclopn~ent Code fi~r the Collier County Harming Commission:
WIIERI!AS. all intcrcslcd paflies have been given opportunity to bc heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
N()W. 'l'lll'2Rl(F()Rli lie H' RI(S()I,Vlil), BY TIlE B()ARi) ()F ZONING AI'PIiAI,S
Collier O~unty. Florida lhat:
17L
The petilion filed by J. GaD' Butler of Butler !:.ngincering. inc.. rcprescnling James Sopcr.
rcspcc~ m tl~c property hereinafter described as:
Tracl "l.". !.ely (}olF Estales. as recorded in Plat Book g. Pa~c 2(~ of ~hc ()fl~cial
Records of Collier County. Florida
be and the same is hereby' approved fi)r Conditional Use "6" of Section 2.2.7.3 of tl~c RMF-16 Zoning
District lbr an Assisted I.iving Facility in accordance x~'ith the ('onceplual Nlaslcr I'lan (l~xhibit "B")
and subject to the Ibllo~ing conditions:
l~xhibit "C" which is attached hereto and incorporated by rcK'rcncc herein.
BE IT FtiR I'111{R RI{SOI.VEI) thai this Resolution bc recorded in the minutes of this Board.
This Resolution adopted after motion. scco~ld and mitjority vote.
ATI'I~ST:
D\VIGI IT IL l?,l,t()('K. ('lcrk
Attest its to Chittrman's
Approved as m Form andsignature onlI,
l.cgal Sufficiency:
Marni ~ Scudcri '
Assistant County Altoriley
g,'admin (1 '-~l-.~.~ I{I ~( )! I:1111N I Rim
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17L
CU-99-23
The following facts are found:
Section 2.2.7.3.6 of the Land Development Code authorized
the conditional use.
o
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
Ao
mo
C0
Consistency with__~b~..Land Development Code and Growth
Management P1 e~ 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 acce~n case of fire or catastrophe:
Adequat~,--I~hgre~j& egress
Yek~j~/__ No
Affects neighboring properties in relation to noise,
al~,~----~-~'Omic or odor effects:
- _~/No a~f~ct or Affect mitigated by
..... ~Affect ca-~t be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible us e~_district
No
Based on the above findings, this conditional use should, with
stipulations, .(copy attached) (should not) be recommended for
approval ,'~//~l~ ~
DATE: //~ CHAIRMAN:
f/FI:~D~NG OF FACT
EXHIBIT "A"
l~xh i. b'i I:. "B°'
CU-99-23
17L
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
adifact 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 exotic vegetation removal, monitoring, and maintenance plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to the Planning
Services Director for review and approval, prior to Site Development Plan approval.
3. The assisted living facility is limited to a one-story structure.
EXHIBIT "C"