Resolution 2004-049
78
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RESOLUTION 04 - ~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
PRIVATE USE CONDITIONAL USE 10 IN THE "A" ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 34, TOWNSHIP 48 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 10 of Section 2.2.2.3. of the
Collier County Land Development Code in an ''''A'' Agricultural Zone for a private school on the
property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement have 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, Inc. representing Christ Community
Lutheran School with respect to the property hereinafter described as:
Exhibit "B"
attached hereto and incorporated by reference herein be and the same is hereby approved for
Conditional Use "to" of Section 2.2.2.3. Collier County Land Development Code in the "A"
Agricultural Zoning District for a private school in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Page 1 of 2
j, 7 t~1
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
10th
day of
February
,2004.
BOARD OF ZONING APPEALS
COLLIER CO TY, FLORIDA
Patrick G. Whi
Assistant County Attorney
ell -2003-AR-4995/OSllo
Page 2 of 2
Item #
"It>
Agenda
Dat'3
:J.. J to I 0'1
FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETmON
FOR
78
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, ...
CU-2003-AR-499S
The following fads are found:
1. Section 2.2.2.3. of the Land Development 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 Plan:
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:
L Nd 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 I No
DATE:
1)5" jg4
l I
Based on the above findings, this condition
(should not) be recommended for approval
CHAIRMAN:
U J duel{ AGEHJArTEM ~
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! FEB 1 0 2004
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CU-2003-AR-4995 January 15. 2004 CCPC Meeting Page 5 of 11
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"78
CONDITIONS OF APPROVAL
CU-2003-AR-4995
This approval is conditioned upon the following stipulations:
1. The Department of Zoning and Land Development Review Director may approve
minor changes in the location, sitting, 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 CoJlier County Land
Development Code, Ordinance (91-102).
2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the
course of site clearing, excavation, or other construction related activity, an
historic or archeological artifact is found, all development within the minimum
area necessary to protect the discovery shall be immediately stopped, and the
Collier County Code Enforcement Director shall be contacted.
3. Pursuant to Section 2.8.3.7.4 of the Land development Code wet and dry retention
areas, will be deviated to provide 3: 1 sodded slopes for the retention areas. The
plantings along the top bank line of the wet and dry retention areas will be
staggered and varied to give a natural appearance.
4. The lighting of athletic fields for nighttime activities shall be prohibited.
5. That along the north property line from the west property line to the access
roadway landscape buffer must be a Type "B" landscape buffer.
6. In compensation for providing land to the County for the 6-laning of CR951, the
petitioner shan receive road impact fee credits equal to the County's appraised
value of such land, less the cost to establish a south-bound right turn lane into the
property which the County may elect to construct for the petitioner.
7. That portion of the subject property that lies adjacent to CoJlier Boulevard (CR-
951), which may be required for future County right-of-way, may not exceed
$80,000.00 in value per one-half acre. The petitioner may supply to the County.
at their cost, an independent appraisal of the land subject to the future right-of-
way for the purpose of negotiating a final settlement with the County.
8. The County shall reimburse the petitioner the application-fee in the amount of
$2,175.00 that was submitted on November 7, 2003.
CU-2003-AR-4995 CONDITIONS OF APPROVAL
EXHIBIT "D"