Resolution 1994-155
HARCH 8, 1994
RESOLUTIon 94-..ll5
A RESOLUTION PROVIDING FOR TIlE ESTABLISHMENT OF
CHILD CARE CENTER CONDITIONAL USE III TIlE "VR"
ZONING DISTRICT PURSUAllT TO SECTION 2.2.9.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOC"'TED IN SECTIOII 4, TOWlISHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUlITY, FLORID....
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida statutes, has
conterred on Collier County the power to establish, coordinate and
entorce zoninq and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Devel~nt Code (Ordinance No. 91-102) which includes a
eo.prebensive Zoninq Ordinance establishing regulations for the
zoning ot particular geoqraphic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area hereby
attected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability
ot conditional Use "2" of section 2.2.9.3 in an "VR" zone for a
child care center on the property hereinafter described, and has
found as a matter of fact (EXhibit "A") that satisfactory provision
and arrangement has been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2,7.4.4 ot 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 BO"'RD OF ZONING APPEALS
of Collier County, Florida that:
1001( 000 Pl~[ 92
i)
HARCH 8, 1994
Tbe petition filed by Geoffrey G. Purse of Purse Associates,
Inc. representing B , B properties, Inc. with respect to the
property hereinafter described as:
Exhibit "a" which is attached hereto and incorporated by
reterence herein
be and the same is hereby approved for Conditional Use "2" of
Section 2.2.9.3 of the "VR" zoning district for a child care center
in accordance with the Conceptual Master Plan (Exhibit "CO) and
subject to the toilowing conditions:
Exhibit "D" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutes ot this Board.
eo.aissioner Hatthevs
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
Borris and upon roll call, the vote was:
AYES: Commissioner Hatthevs, Commissioner Norris, commissioner Volpe,
Commissioner Saunders and Commissioner Constantine
HAYS:
ABSENT AND NOT VOTING:
All>> 1 UtUON:
Done this
8th
day of
March
, 1994.
BY:
BOARD
COLL
.~ .i./1.;
ATTEST:, ;. '-//
DWIGHT E; BROClf, CLERK
ft . ." .
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n . .
;r,~'~~' ~ '; AfJ,(l,
~ AS TO"FORM AND
~ fJP/r~CIF.NCY:
TINE, CHAIRMAN
~,~ PI)..o.u,J,rLt
JlARJORIE M. STUDENT
ASSISTAllT COUNTY ATTORNEY
CU-93-21 RESOLUTION
1001( 000 Pl~[ 93
HARCH 8, 1994
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSIOIl
FOR
A CONDITIONAL USE PETITIOn
FOR
CU-93-21
The following facts are found:
1. Section 2.2.9.3 of the Land
Development Code authorized the conditional use.
2. Granting the conditional Use will not adversely affect
the public ir.terest 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 ~:
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> egress
Yes ~ No_
C. Affects neighboring properties in relation to
noise, gl~, 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 ~thin district
Yes No
- -
Based on the above findings, this conditional use should,
with stipulations, (copy attached) ( ] '~~ ~
recomaended tor approval
DATE:~ CHAIRMAN:' t2/A .
FINDING OF FACT CHAIRMAN/md
EXHIBIT "Aft
IOOIt OOOnr,t 94
HARCH 8, 1994
DUCII.'IP1'YOJr OJ' LAXDS S
The Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4
ot section 4, Township 47 South, Range 29 East, and
beginning at the Southwest corner of the Northeast 1/4
ot the Southeast 1/4 ot Section 4, Township 47 South,
Range 29 East; thence East 198 feet; thence North
634.5 teet, more or less to Avenue B, Carson's Subdivision,
thence West along Avenue B, 198 feet; thence South 364.5
feet, acre less to the beginning, Collier County, Florida,
EXHIBIT "B"
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HARCH 8, 1994
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HARCH 8, 1994
AGREEHEllT
I, Geoffrey G. Purse, as owner or authorized agent for
Petition CU-93-21, agree to the following stipulations
requested by the Collier County Planning commission in their
public hearing on February 17, 1994.
PLANNING:
a, The CUrrent Planning 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 110, 91-102).
b. A minimum ten feet (10') wide landscape buffer shall be
installed along the entire perimeter of the proposed play
area (except when it abutts the child care building). Said
buffer shall include a hedge at least twenty-four (24)
inches at time of planting and trees spaced no more than
thirty (30) feet on center. All plant materials should be
native species as defined in the Land Development Code. A
revised landscape plan shall be submitted along with an
SDP amendment reflecting this requirement,
.... --
STATE OF FLORIDA
COUNTY OF COLLIER
The fOr~;ng Agreement Sheet was ackn?wledged before
day of 1.., '" ~' 1994 by ...,..... .(~"'..1 1-. r.;..,.....
persona y known 0 me or who has produce
as identification.
me this 11-'-:{\
, who is
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(Signature of'Notary Public)
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NOTARY PUBLIC .
Commission I <..'1 J...'_ C ~ '7 (, j"i
My Commission Expires:
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EXHIBIT "D"
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100I( OVO PA~t 97
HARCH 8, 1994
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REPRESENTATIVE F R CC
STATE OF FLORIDA
U1U..n OF COLLIER
The tO~~I~~b..nt Sheet was acknowledged before
day of , 1994 by "ti~! ~ ","vi_
persona y own t ae or "I~u 1..- <:' a
aa identification,
me this .l1..i!J
, who is
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~c'....Q.c-' Ie ~a "ft~~J
(5 gnature of Notary Publ c
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NOTARY PUBLIC
commission # d..LOfJi,t:..11
My commission Expire :
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