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Resolution 1994-191 MARCR 22, 1994 RESOLUTION 94-191 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF PORTABLE CLASSROOMS CONDITIONAL USE IN THE "MH" ZONING DISTRICT PURSUANT TO SECTION 2.2.10.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the state of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations 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 duly 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 "4" of Section 2.2.10.3 in an "MH" zone for portable classrooms 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 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: The petition filed by Robert Duane of Hole. Montes and Associates representing Collier County School Board with respect to the property described as: oco ~ PI~~ 99 HARCH 22, 1994 Lot. 14, 15, 16, 17, and the South 55 feet of Lot 33, Block "A", Joyce Park, as recorded 1n plat Book 2, page 101, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "4" of Section 2.2.10.3 of the "MR" zoning district for portable classrooas in accordance with the Conceptual Master Plan (EXhibit "B"). The CUrrent Planning Manager may approve minor changes in the location, siting, or height of buildil~s, structures, and i.prove.ents authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or .ajor 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). BE IT FURTHER RESOLVED that this Resolution be recorded in the .inutes of this Board. COlllllliss ioner offered the ~11r"1o'Wr!ll foregoing Resolution and moved for its adoption, seconded by cOIIIIissioner and upon roll call, the vote Norris vas: AYES: Cc:aIadssicner Saunders, "~lA.ioner Norria, Calldaaioner Volpe, ........'...icner IIatU-s and Cc:aIadssioner Conatantine NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this , 1994. day of 2200 ~rr-h . ~-~JI.~~J'.; :.........< '" },:",:1' "/ ATrisTl.' ~:'_I:~'_.lv DWIGHT. '!:J1R0t:1<t, CLERX '. ,~'~.'..."';.'. ~ ,-, . :; By:. 7~:i!d/:'~ ~(?, APPROVED. M TO FORM AIlD LEGAL SOFJ'ICIENCY: BY: /J.;yj, . ..,. oW. Yh & {ul (<<400'( 000 PIG, 100 OIUE M. STUD T ASSISTANT COUNTY ATTORNEY CU-93-19 RESOLUTION JDh/lOS04 -2- N IlARCR 22, 1994 ...: . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-93-19 The following facts are found: 1. section 2.2.10.3.4 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 Plpn: Yes V 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 ingr::;.;v' egress. Yes_No_ C. Affects neighboring properties in relation to noise, q~e, economic or odor effects: ~ No affect or Affect mitigated by - _____ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the dist~t: compatible~~~thin district Yes_No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should~) be I:l recollllllended for approval . DATE: p/3hcf CHAI~ '-L.- t I FINDING OF FACT CHAIRMAN/md Exhibit '!AtI If" ,&ODK 000 PAGE 101 ."....._---....--.._."~_...._~--~~-"..~.~...__..._-_._. . IlARCR 22, 1994 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-93-19 The following facts are found: 1. Section 2.2.10.3 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 ot: A. Consistency with the Land Development Code and Growth Management ~lan: 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, glare, 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 within district Yes~No_____ Based on the above findings, this conditional use should, with stipUlations, (copy attached) (should not) be recommended for approval DATE: .J/:i/1t/ IlEMBER: 'fn-J-7 :5f-;X,C~ FINDING OF FACT MEMBER/md lOOK ()()()PIGEjl()~ _.. ...__~__~~._~_~W'_"'_^""_~"'__~"~_~"'."~'__~_'~"_" ~~. Lots 14-17 AH:I tIC SClI1H U" '"fI LOT ~ OF JO"\'Q; r.wc. AS ~;Ja:;Ii:IIIg(D .. "".,T 80CIC 1. rAC:C 101 . to. .c: ......: CDlOS 0#' CClUJCI: CCIUKT"I'. nDtlO4 ", Mrat rw:I'NIlIXI ".,.. ICUCINrT SJIna' n ': f'JIIW JIG AIIOC4TU. CAlC! t-24-tJ,. ~ JIfO. tJ-IntH · HOT.A SURVEY · HOLE.. MONTES &: ASSOCIATES 715 10th STREET 1'UPtLS.Ft.. 3JtJt PHONE:: (813)252-4617 7.5' SETBACK 15' SETBACK ,l .,.,. t./ ;,' ~ :V' ~,; ...... HM.t\. IlARCH 22, 1994 MH ZONING 135' 10' SETBACK in lO r= - - -MH"ZONING -'I II I 7.:, SET8TK~ ~ I \25' SETBACK ~-----------~~~ \ ~ I 110\ SOU1H 55' OF LOT 33 ;:;' I ~ ... \ (MH . ZONING) I EXISl1NG 1 Q_ BUILDING ~ LOTS 14-17 I I O'i \ (C4 ZONING) ..J 15' SETBACK 5' b n ~ C-4 ZONING o n C-4 ZONING PAVEMENT -fI b .... ~ : :j s ~..;... :. 100' State Rood 29 .,.: . - '.,-:. 1 :" . ..60 ~i_ .... : I .. . ." :"".,: ~.::'l/:f:: .: SCALE IN FEEl' ~~II collier county public schools ~, IMMOKALEE STEPPING STONES CONCEPTUAL sITe PLAN FOR PROPOSED PORTA LE C ASSR 0101 CArE: JOB NO. SHEET NO. 10-20-93 93.58 1 Exhi.~it "a" 1M OCO W,! 103 . ,'-~~.~~<-~-~.~_.~~,._~-' '." .. .,~..,~~,"",,,,_,"..",...__,__..~,,,__m',,._..