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
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ATrisTl.' ~:'_I:~'_.lv
DWIGHT. '!:J1R0t:1<t, CLERX
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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
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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()~
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to. .c: ......: CDlOS 0#' CClUJCI: CCIUKT"I'. nDtlO4
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· HOT.A SURVEY ·
HOLE.. MONTES &: ASSOCIATES
715 10th STREET 1'UPtLS.Ft.. 3JtJt
PHONE:: (813)252-4617
7.5' SETBACK
15' SETBACK
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IlARCH 22, 1994
MH ZONING
135'
10' SETBACK
in
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r= - - -MH"ZONING -'I
II I 7.:, SET8TK~ ~
I \25' SETBACK
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I 110\ SOU1H 55' OF LOT 33
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I EXISl1NG 1 Q_
BUILDING ~ LOTS 14-17
I I O'i \ (C4 ZONING)
..J 15' SETBACK
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C-4 ZONING
o
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C-4 ZONING
PAVEMENT
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100'
State Rood 29
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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
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