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Resolution 2000-156 13 Al RESOLUTION 2000-...J2.L A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ASSISTED LIVING FACILITY (ALF) CONDITIONAL USE "16" IN THE AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 7, 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 "16" of Section 2.2.2.3.. in an Agriculture Zone 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: The Petition filed by Mr. Kevin McVicker of Phoenix Planning and Engineering, Inc., representing Jon Laidig with respect to the property hereinafter described as: Exhibit "B," which is attached hereto and incorporated by reference herein, be and the same is hereby approved for Conditional Use "16" of Section 2.2.2.3. of the Agriculture Zoning District for an Assisted Living Facility, in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -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 majority vote. Done this ~fft~ day of ~7~ o~ ,2000. ATTEST: DWfGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER CO~?,~ Attest as to Chairman's signature only. Approved as to Form and Legal Sufficiency: 'Marjo1~ffM. Student Assistant County Attorney g/admin/CU-99-03 RESOLUTION/RB/im 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. 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: no m o Co Consistency with the Land Development Code and Growth Management ~~e~ ~2 , 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 acc~n case of fire or catastrophe: Adequat~gr~B~& egress %Yes~/No Affects neighboring properties in relation to noise, gl~&~n~O~ic or odor effects: %./~ No ~f_~_~t or Affect mitigated by ....... Affect cannot be mitigated D o Based on the above findings, stipulations, ( c~o.I~¥ attached) approval ~0~ DATE: ~/~/~ Compatibility with adjacent properties and other property in the district: Compatible u~e~3~n~n district No this conditional us oul with (should not) be recTDmmerf~ed for CHAIRMAN: g/admin/FINDING OF FACT CHAIRMAN/CU-99-03/RB/im EXHIBIT "A" FINDING OF FACT BY COLLIER COI/NTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. 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: ao Consistency with the Land Development Code and Growth Management P~ Yes No B o 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 & ej~l~ess Yes ~'No C o Affects neighboring properties in relation to noise, gla~'~conomic or odor effects: ' No affect or Affect mitigated by Affect cannot be mitigated D o Compatibility with adjacent properties and other property in the district: Compatible use,w~ithin district Yes w" No Based on the above findings, stipulations, _(copy a~t ached) approval ~/f~;~' ~.. DATE: ~/¢D g/adminFF1NDING OF FACT MEMBER/CU-99-03/RB/irn this conditional use should, ( ~~ b~mmended with for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. of the Land Development Code authorized the conditional use. o 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: Consistency with the Land Development Code and Growth Management P~: Yes No o 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 & egr,~ss Yes L~/No Affects neighborin9 properties in relation to noise, gl~re,/~conomic or odor effects: ~-~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use~w~hin district Yes ~/No Based on the above findings, this conditional use should,  ulations, (copy attached) (should not~~ recommended DATE: ~_~---~-/~;~j MEMBER: with for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. 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: Consistency with the Land Development Code and Growth Management Plan: Yes ~/'No o 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 o Affects neighboring properties in relation to noise, glarer, economic or odor effects: ~// No affect or Affect mitigated by Affect cannot be mitigated D 0 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/~ No Based on the above findings, stipulations, (copy attached) approval v/ this conditional use should, with (~u~-not) be recommended for DATE: MEMBER: g/admin/FINDING OF FACT MEMBER/CU-99-03/RB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Petition No. CU-99-03 The following facts are found: Section 2.2.2.3.16. 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 Code and Growth Management P~ Yes No B o 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 o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~ No Based on the above findings, t ' c~nal use should, with stipulations, (copy attached) ~(s.~_hould no_~ be recommended for approval DATE: ~--¢ --~ MEMBER: ~ ~ad~n/F~D~G OF FACT MEMB~CU-99-03/RB/im PARCEL A: LEGAL DESCRIPTION 13A1 THE NORTH 660 FEET OF THE WEST 3/4 OF THE WEST 1/2 OF THE EAST 1/2 OF THE WEST I/2 OF THE NE 1/4 AND THE NORTH 660 FEET OF THE EAST 1/4 OF THE EAST 1/2 OF THE WEST 1/2 OF THE WEST 1/2 OF THE NE 1/4. SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS RIGHTS-OF-WAY RECORDED IN OFFICIAL RECORD BOOK 165, PAGE 352, AND RECORDED IN OFFICIAL RECORD BOOK 202, PAGE 887, OF THE .PUBLIC RECORDS OF SAID COUNTY. PARCEL B: ALL THAT PART OF SECTION 7, ~TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEI/qG MoRE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT HE NORTHEAST CORNER OF SAID-SECTION 7: THENCE ALONG THE NORTH LINE OF SAID SECTION 7 NORTH 89°-58'-39'~ WEST 20~59.65 FEET TO THE NORTHEAST CORNER OF: THOSE LANDS AS DESCRIBED IN O.R. 657, PAGE 621, COLLIER COUNTYPUBLIC RECORDS, COLLIER COUNTY, FLORIDA: : ~ THENCE ALONG' THE EASTERLY LINE OF sAID DESCRIBED LAND SOUTH 0~-35'-32" EAST 75.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (S.R. 84) AND THE POIlXJT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE ALONG THE,EASTERLY LINE OF SAID DESCRIBED LAND SOUTH!~3~5'-32" EAST 645.00 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH 89°-58'-39;' WEST 221.62 FEET TO A POINT oN A CLrRVE O~ THE EAST LINE OF THAT LAND AS DESCRIBED IN O.R.-:108-3, PAGE 2162, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDAz THENCE NORTHWESTERLY 46.53 FEET ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 340.84 FEET THROUGH A CENTRAL ANGLE OF 07'-49'-18" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 12°44'-20" WEST 46149 FEET TO A POINT OF REVERSE CURVATURE: THENCE CONTINUE ALONG SAID LINE NORTHERLY 101.50 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING RADIUS OF 340.84 FEET THROUGH A CENTRAL ANGLE OF 172-03 '-40" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 09-°07'-09" WEST 101.12 FEET: THENCE CONTINUE ALONG SAID LI2gE NORTH 00°-35'-19" WEST 500.0 FEET TO THE SOUTHERLY. RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (S.R. 84): THENCE ALONG SAID RIGHT, OF-WAY LINE SOUTH 89°-58'-39" EAST 247.16 FEE'I: TO THE POINT OF-BEGINNING OF THE PARCE~ DESCRIBED. EXHIBIT "B" I-4 rn CP2OWN ~'OSNTF= [:3LVD. W~ST GREEN THUMB ACLF EXHIBIT "C" ,,;- .... ~ ~.~. ;~.~-~,.. .~' . .... ; 13A1 CONDITIONS OF APPROVAL CU-99-3 a) b) c) d) e) f) g) 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 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 of the Collier County Land Development Code. 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 contacted. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. The developer shall not import or export fill material to or from the subject site without prior approval of the Board of County Commissioners. The applicant shall be responsible for the construction of a right turn lane at the project entrance on Davis Boulevard. Compensating right-of-way for the right turn lane shall be dedicated by the applicant for use of the existing right-of-way. Such dedication shall be considered site related and there shall be no road impact fee credit to the applicant. The applicant shall be required to make modifications to the existing median opening on Crown Point Boulevard West in order to provide proper access to the proposed development. These modifications shall be in accordance with the requirements of the Collier County Transportation Services Department. EXHIBIT "D"