Resolution 1993-217
MAY 25. 19.93
RESOLUTION 93- 217
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A CHILD CARE CENTER AND CLASSROOM FACILITIES
CONDITIONAL USE IN THE ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 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 Uses 3 and 4 in an Estates zone for a child care
center and classroom facilities on the property hereinafter
described, and has found as a matter of fact (Exhibit NA") 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
ot Collier County,. Florida that:
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MAY 25, 19.93
The petition filed by Timothy L. Hancock of Wilson, Miller,
Barton ~ Peek, Inc., representing TECH Foundation with respect to
the property hereinafter described as:
Exhibit NBN which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses 3 and 4 of
the Estates zoning district for a child care center and classroom
facilities in accordance with the Conceptual Master Plan (Exhibit
NCN) and subject to the following conditions:
1. 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 No. 91-102).
2. A 6'ON high solid fence or wall shall visually separate
the play areas as designated on the site plan (Exhibit
NC") and the living areas and outside patio of the
residence to the west.
3. Collier County reserves the right to monitor the traffic
at the facility'S driveway and, if operational problems
develop, require a right turn lane after the fact of the
expansion, if granted.
4. The owner shall provide a fire protection water supply
for the property, and also a fire lane to service the
rear portion of the structure.
5. Use of grassed surface, with a stabilized subgrade, shall
be limited to the parking spaces. All parking aisles
shall be paved. The stormwater calculations shall
consider all the parking area as impervious surface.
6. Provide appropriate barriers around the perimeter of the
septic tank and drainfield to ensure proper operation and
maintenance.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutes of this Board.
Commissioner Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
Commissioner Constantine, Commissioner Norris, Commissioner
Volpe, Commissioner Matthews and Commissioner Saunders
AYES:
NAYS:
ABSENT AND NOT VOTING:
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ABSTENTION:
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MAY 25, 1993
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-93-2
The fOllowing facts are found:
1. Section 2.2.3.3 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 neiqhborhood
because of:
Consistency Wi~h e Land Development Code and
GrOWth Hanageme Plan: .
Yes_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 or catastroPhe:~
Adequate ingres 'egress.
Yes' No_
neighboring properties in relation to
, glare, economic or odor effects:
No affect or Affect mitigated by
~ Aftect:eannot be mitigated
Compatibility with adjacent propertie~ and
other property in th~strict:
Compatible u within district
. Yes_No_
Based on the above findings, this conditional use should,
with stipulations, (copy at1jf.ched) (ShOUld:~not) be .
recOlll1llended for approval {:Jl.f1UVA (.;..... ___ _
DATE: {, MA ~ l$ "3 CHAIRMAN. e/
A.
B.
c.
D.
FINDING OF FACT CHAIRMAN Imd
EXHIBIT "A"
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MAY 25, 1993
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The East 150 feet of Tract 76, Unit 30, Golden Cate
Estates, according to plat thereof recorded in Plat
Book 7, Page 58, of the Public Records of Collier County,
Florida.
Exhibit "B"
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