Resolution 2002-409
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RESOLUTION 02--..!.Q 9
RELATING TO PETffiON NO. CUE-2002-AR-
2088 A ONE-YEAR EXTENSION OF
CONDITIONAL USE 5 FOR AN ASSISTED
LIVING FACILITY OF THE "E" ZONING
DISTRICT FOR PROPERTY HEREINAFTER
DESCRIBED IN SECTION 8, TOWNSHIP 52
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 ofthe 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 March 9,1999, the Board of Zoning Appeals enacted Resolution No. 99-
167, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a
conditional use pursuant to Subsection 2.2.3.3.5 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 Mr. Thomas Hawkins for one one-year extension of conditional
use # 5 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. 99-167, attached hereto and incorporated
herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional
year until March 9, 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.
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f~1
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This Resolution adopted after motion, second and majority vote.
Done this .;2l./ ~
daYOf~ ,2002.
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BOARD OF ZONING APPEALS
coa~
BY' ;I
lAME N. COLETTA, CHAIRMAN
-no~A1 hi jJt~~..d
Marjori . Student
Assistant County Attorney
G/adminlPctitionsl CU-2002-AR-2088IFRlsp
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RESOLUTION 99- 167
A RESOLUTION PROVIDING FOR THE EST;kBLISHMENT
OF A SENIOR INDEPEN-DEITr ASSISTED CARE LIVING
FACILITY CONDITIONAL USE "5" IN THE '~E"
ESTATES ZONING DISTRICT PLrRSUA/Tr TO SECTION
2.2.3.3. OF THE COLLIER COUNTY
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 8, TOWNSHIP 50 SOUTH, R3%NGE 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 reg~/lations 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
W~HEREAS, the Collier County Planning Co~ission, 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 "5" of Section 2.2.3.3. in an "E" Estates Zone for a
Senior Independent Assisted Care Living Facility on the property
hereinafter described, and has found as a matter of fact (E:chibit
"A") that' satisfactory provision and arrangement have been made
.concerning all applicable matters required by said regulations and i~L
accordance with.Subsection 2.7.4.4 of the Land Development Code for
the Collier County Planning Commission; and
W-HEFtS, all interested parties have been given opportunity ~o
be heard by this Board in a Public meeting assembled and ~he BOard
aaving considered all matters presented.
NOW, THEREFORE BE iT RESOLVED, BY THE BO~tRD OF ZONING APPEALS of
2cl!ier County, Florida that:
The Petition filed by Blair Foley of Coastal Engineering
:onsultants, Inc., representing Tho~as Hawkins with respect to the
:roperty hereinafter described as:
Exhibit 'B" which is attached hereto and incorporated by
reference herein ~ -- ' I
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be and ~he same is hereby approved for Ccnditional Use "5" of Section
2.2.3.3. of the "E" Estates Zoning District for a Senior Independent
Assisted Care Living Facility in accordance with the Conceptual
Master Plan (E~-hibit "C") and subject to the following conditions:
1. The Planning Services Department Director may approve
minor changes in the location of the use within the
building or 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 ~he 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).
An appropriate portion of the native vegetation shall be
retained on site as required in Section 3.9.5.5.4. of the
Collier County Land Development Code, as amended.
An exotic vegetation removal, monitoring, and maintenance
(exotic free) plan for the site, with emphasis on the
conservation/preservation areas, shall be submitted to
Current Planning environmental staff for review and
approval prior to final site plan/construction plan
approval.
Permits or letters of exemption from the U.S. Army Corps of
Engineers (ACOE) and the South Florida Water Management
District (SFWMD) shall be presented prior to final site
plan/construction plan approval.
If, during the course of site clearing, excavation or other
construction activity, an historic or archaeological
artifact, or other indicator is found, all development
within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code
Enforcement Department contacted.
The petitioner shall dedicate the front forty (40) feet of
the subject site To the County, in accordance with the
procedures set forth in Subsection 2.7.4.5.4. of the Land
Development Code for the future widening of County Barn
Road.
Under the existing County Barn Road two-lane condition, the
project may have full turning n~vements at the access
drive. Under future four or six-lane conditions
may be constrained to a right-in/right-out onto' the access
· County Barn
Road Nothing in any development Permit shall operate to
vest any right or interest in a median opening in County
Barn Road, either full or partia .
County shall not ~ ...... 1. for this project. The
u= ~!aDle =or any claim of damages due to
t.he presence or absence of any median opening at any point
along any road frontage of this project.
The existing natural, native vegetative buffer along the
north, south, and east property lines of the site, shall be
retained as it currently exists, ao no ].<ass titan a mi.nimum
width of the fifteen (15) feet. This vegetation
preservation requirement shall be over and above the
minimum native vegetation requirements of Section
3.9.5.5.4. of the Land Development Code, and shall be
maintained for ~he life of the project.
Road Impact Fees shall be paid in accordance with Ordinance
92-22, as amended, and shall be paid at the time building
permits are issued unless otherwise approved by the Board
of County Commissioners.
10. The developer shall install a minimum six (6) foot high
fence along the southern property boundary of the subject
site, prior to obtaining a certificate of occupancy.
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 ~ day of ~~ , 1999.
;~tte st.-as ~-~o: ;Ch.~rman ' s
ATT~.ST: .. ..~
' DWIGMT E./BR~K, Clerk
Almproved as to Form and
Legal Sufficiency:
Assistant County Attorney
BOARD OF ZONING APPEALS
E, CF~RWOMAN
g/CU- 98 ~ 9 ~SOLUTION
170
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-~
EXhibit A
The following facts are found:
1.
Section ~ 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:
A. Consistency with the Land Development
Growth Management Plan: Code and
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
~±re or catastrophe:
Adequate ink,ess & egress Yes No
:. Affects neighboring
;~zo~se, glare, economicrOperties in relation 5o
~_~ No affect or or odor effects:
~ Affect mitigated by
_____ Affect cannot be mitigated
Compatibility with adjacent properties and
other property in the district:
COmDatibl~ use within district
' Yes L No
~sed on the above findings, this conditional use should,
.~h stipulations, (copy
,commended for approval ~ho~uld not)be
·
170
Exhibit B
CU-98-9
The South 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8,
Township 50 South, Range 26 East, Collier County, Florida, 1 ess the West 50 feet
thereof.
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