Resolution 1993-290
JULY 27, 1993
RESOLUTION 93-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A CHILD CARE CENTER CONDITIONAL USE IN THE "E"
ESTATES ZONING DISTRICT PURSUANT TO SECTION
2.2.3.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 15, 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 Use 2.2.3.3.3 in an "En Estates 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 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 me~ting 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:
tlnnv
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nno we ?fl7
JULY 27, 1993
The petition filed by Nancy Ross of Temple Shalom, Inc., with
respect to the property hereinafter described as:
Tracts 65 & 68, Golden Gate Estates Unit 26, according to the
Plat thereot, recorded in Plat Book 7, Pages 15 and 16, of the
Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use 2.2.3.3.3 of
the "E" Estates zoning district for a child care center in
accordance with the Conceptual Master Plan (Exhibit "B") and
subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by
reference herein.
Be IT FURTHER RESOLVED that this Resolution be recorded in the
minutes ot this Board.,
Commissioner
Volpe
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Constantine
and upon roll call, the vote was:
AYES: Commissioner Volpe, Commissioner Constantine, Commissioner Norris,
Commissioner 11atthews, and Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
27th
, 1993.
day of
Julv
y.ll;l] I.
". I.:.
ATTEST: '. '<'. .
qW;GHT E. BROcK1. CLERK
BOARD OF ZONING APPEALS
::~Z~#~IDA
BURT L. SAUNDERS, CHAIRMAN
L
....,. "
lIl&~i ~'!iJr~~;.I"~
ASSISTANT COUNTY ATTORNEY
00-93-6 RESOLUTION
nb/9680
aODK 000 PAr"298
-2-
JULY 27, 1993
FINDIN,G OF FACT
"BY
COLLIER ,COUNTY PLANNING COHMISSION
, FOR
A CONDITIONAL USE PETITION
FOR
r.n-Ql-~
The tollowing tacts are found:
1.
section 1 1 I 1 1 of the Land DevloplUent
Code author zed 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 Managem~t Plan:
Yes ~ No
B. Ingress and egress to property and proposed
cstructures 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 _____
C. Affects neighboring properties in relation to
nois,(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 d~trict:
compatible ~ within district
Yes No
, -----
Based on the above findings, this conditional use should,
with stipulations, (copy ~Ched) (should not) be
recommended for approval 't/l4yf/f"7>. ~~
DATE: / ~~ CHAIRMl\.lI: ~
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
aOOK 000 wr 299
JULY 27, 1993
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EXHIBIT "B"
aODK 000 w" 300
JULY 27, 1993
AGREEMENT
I, Nancy :Ross, authorized agent for Petition CU-93-6, agree
to the following stipulations requested by the Collier County
Planning Commission in, their public hearing on July 1, 1993.
Plannina Services: ,
a. The CUrrent Planning Manager, may approve minor changes in
the location, siting, or height of buildings, structures, and
improvem~nts authorized by the conlitional 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 (91-102).
b. The proposed child care center shall operate Monday through
Friday from 7:00 a.m. to 6:00 p.m., and enrollment shall not
exceed 70 children.
~~ -&.--<--
PETITION O~ GENT
state of Florida
County of Collier
The foregoing Agreement
'f. IO~ day of J", ~
s personally known 0 me
as identification and who
Sheet was acknowledged before me this
- ""
, 1993 by A)A ^' <1 ,.), I( U J~. , who
or who has produced'~L, bJ,... I<~ .'." '30,5'! -(,a7
did (did not) take an oath.
t; C~~
gnature of Notary publ c)
---""
A
I<<lRMAA BOO~'E
NOTARY PUBLIC STAn: OF t'
COMMISSJO:'ll NO. CC~EI,..
MY COMMISSION EXP, ^UG.1).l9',.~
J,(llIri /l~"";-/v
NOTARY PUBLIC
Commission # (' I! ,;2..1.r '17 V /
My Commission Expires: vl'>- >' / '1 t.
EXHIBIT "e"
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aODK 000 PAle 301
state of Florida
County of Collier
The foregoing A~e~ent
/.jT cay of :)" 1'1
is personally known to me
~Q ~Aor4-~9~gatien and who
hUllMA A .oo~1<AL
NOTARY PllBUC STATE OF FLORIOA
COMMISSION NO. COI""
MY COMMISSION EXP. AUG. 22.1996
CU-93-6 AGREEMENT SHEET/md
JULY 27, 1993
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REPRESENTATIVE FOR CFC
Sheet was acknowledged before me
, 1993 by f/.!.t-/) il -;j,.'t"JPI.4' :R
or ..he flas rrQ.4I1,...e.d.
~id (did not) take
this
who
,
(5 nature of
~~,Il.,,,.. ,I). &"",JG
NOTARY PUBLIC
Commission # CC;)I.,,17>--
My Commission Expires: ~/~V~~
MOK 000 PA~r 302
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