Resolution 2003-111RESOLUTION NO. 03- 3-]-1-
RELATING TO PETITION NO. CUE-2002-AR-
3221 A ONE-YEAR EXTENSION OF
CONDITIONAL USE 6 OF THE "RMF-16"
ZONING DISTRICT FOR AN ASSISTED LIVING
FACILITY FOR PROPERTY HEREINAFTER
DESCRIBED IN SECTION 19, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all Counties in Florida 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 establishes comprehensive zoning regulations for the zoning of
particular divisions of the County, among which is the granting and extending the time period of
Conditional Uses; and
WHEREAS, on December 14, 1999, the Board of Zoning Appeals enacted Resolution
No. 99-469, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a
conditional use pursuant to Subsection 2.2.7.3.6 of the Land Development Code (Ordinance No.
91-102), for an Assisted Living Facility, on the below described property; and
WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board
of Zoning Appeals may grant one one-year extension for a conditional use which has not been
commenced.
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida that:
The written request of James J. Soper, representing Heron Senior Housing, LLC for one
one-year extension of Conditional Use 6 for an assisted living facility in interest of the following
described property:
"Exhibit B"
is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code (Ordinance
No. 91-102), and the expiration date for Resolution No. 99-469, attached hereto and incorporated
herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional
year until December 14, 2003.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
This Resolution adopted after motion, second and majority vote.
Done this [[-~X day of ['t~l.~ ,2003.
BOARD OF ZONING APPEALS
'TOM HENNING, CHAIRMAN
'M~j oI~ 1V~.-S-iu~nt
Assistant County Attorney
G/admin/Petitions/CU-2002-AR-3221/FR/sp
-2-
171t
RESOLUTION 99-4 6 9
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF AN ASSISTED LIVING FACILITY CONDITIONAL USE
"6" IN THE RMF-16 ZONING DISTRICT PURSUANT TO
SECTION 2.2.7.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 19, TOWNSHIP 50 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 "6" of Section
2.2.7.3 in an RMF-16 Zoning District for an Assisted Living Facility 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:
EXHIBIT "A"
(PAGE 1 OF 5)
The petition filed by J. Gary Butler of Butler Engineering, Inc., representing James Soper, with
respect to the property hereinafter described as:
Tract "L", Lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official
Records of Collier County, Florida
be and the same is hereby approved for Conditional Use "6" of Section 2.2.7.3 of the RMF-16 Zoning
District for an Assisted Living Facility 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 of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /61/~:;~ day of ~)~ , 1999.
1713
t";' .DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER/~UNTY, FLORIDA
Attest as to ChM~'man's
Approved as to Form and $1gl~ature
Legal Sufficiency:
Marni ~. Scuderi
Assistant County Attorney
g/admin/CU-99-23 RESOLUTION/FR/im
EXHIBIT "A"
(PAGE 2 OF 5)
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17B
CU-99-23'
The following facts are found:
Section 2.2.7.3.6 of the Land Development Code authorized
the conditional use.
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:
ko
Consistency with__~l~Land Development Code and Growth
Management P~~
qfs 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 acce~n case of fire or catastrophe:
Adequat Y~esgr~ &N~grass
.Affects neighboring properties in relation to noise,
gl~~~R>mic or odor effects:
~No a~f~ct or Affect mitigated by
~Affect ca--~-~t be mitigated
D. Compatibility with adjacent properties and other
property in the district:
:Compatible user, in distriCtNo
Based on the above findings, this conditional use should, with
stipulations, .(copy attached) (should not) be recommended for
approval
f/FINDING OF FACT CHAIRMAN/
EXHIBIT "A"
(PAGE $ OF 5)
/
/
/
EXHIBIT "A*'
(PAGE 4 OF 5)
CU-99-23
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department shall be contacted.
2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to the Planning
Services Director for review and approval, prior to Site Development Plan approval.
3. The assisted living facility is limited to a one-story structure.
EXHIBIT "A"
(PAGE 5 OF 5)
CUE-2002-AR-3221
LEGAL DESCRIPTION
Tract "L", Lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official Records
of Collier County, Florida.
EXHIBIT "B"