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Resolution 2000-160 13A5 RESOLUTION 2000- 1 fi 0 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE SCHOOL 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 13, TOWNSHIP 48 SOUTH, RANGE 25 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 in an "A" 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 R. Bruce Anderson, Esq., of Young, van Assenderp, Varnadoe & Anderson, P.A., and Stephen G. Sposato, AICP, of Agnoli, Barber & Brundage, Inc., representing Royal Palm International Academy, Inc., 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 "10" of Section 2.2.2.3 of the "A" Zoning District for a private school in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the foll.owing conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- 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 '~~ ,2000. BOARD OF ZO~Cj..~-tZE, ALS COLLIER C5~'~17Y, FLORIDA ,. BY:TIM(~i/Y J. CONS'~/~NTiNE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Attest as to Chatrean'$ signature only. Approved as to Form and Legal Sufficiency: Mam(M. gcuderi, - Assistant County Attohey g/admin/CU-00-05/RESOLUTION/CB/im -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section __2.2.2.3.__ 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: ao B o C o Consistency with the Land Development Code and Growth Management P nye~~~ 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 ac~in case of fire or catastrophe: Adequat~ng~ & egress Yek~~_,j No Affect~ighboring properties in relation to noise, gl~f~?,~co~omic or odor effects: [ ~4 No a~fect or Affect mitigated by ~ Affect ca--~ be mitigated D o Based on the ab_Q~-~ings, st ipul at ions ,f/~ c~ ~,t,t~e d) approval I~ flf/~/' L'u~./.~ / Compatibility with adjacent properties and other property in the district: Compatible u y~n district No this conditional use should, with (should not) be recommended for EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section 2.2.2.3. the conditional use. of the Land Development Code authorized 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: no 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 Co Affects neighboring properties in relation to noise, glare, economic or odor effects: u/No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes .~/' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . ./ DATE: *~,~1./~/,~¢,00 MEMBER: ~A ~-'~, ~-~-~4[<-~t' 13 5 ' FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section 2.2.2.3.__ 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 the Land Development Code and Growth Management Plan: Yes L/No S 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 Affects neighboring properties in relation to noise, glar~conomic or odor effects: No 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 ~---~No Based on the above findings, this conditional use~oul~with stipulations, (copy attached) (should not) be recommended~for approval DATE: 13/ 5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section 2.2.2.3. 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 P~n: Yes 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 access in case of fire or catastrophe: Adequate ingress & e~ess Yes ~/ No Affects-neighboring properties in relation to glar ,~/economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated noise, Compatibility with adjacent properties and other property in the dist~.~.: Compatible use/~ithin district Yes ~ No Based on the above findings, this cond_~_itional use/s~ld, with stipulations, (co~y attached)-{~~e~ded for approval ' ~ ~ ~,.,/~£~ . 13A5 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-05 The following facts are found: Section ~.2.2.3. 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: Ao Consistency with the Land Development Code and Growth Management Pl~n~ 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 &,eg~ss Yes ~/No Affects neighboring properties in relation to noise, gla~e,~onomic 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 us,e w~z~nin district Yes ~-/ No Based on the above findings, this conditional use should, with stipulations~, (co~py a~ttached) (should not) be reQommended for appr°val -~--~ ~/~ ' /~~~~/ DATE: ~ -- ~ -- 6~/ MEMBER: 13A5 ALL INAT PART OF' S~'CI)ON 13. TOWNSkBP 48 SOUI),I, RAN(~ 25 £AST. COUNTY. FLORIDA BEZNG MORE' PARTICt4,,At~Y I:I~'SCRIB~D AS FOLLOWS.. COMWENCIt,~ AT THE EAST GUARTER ~ OF SAID SECTION 13: ~ SOUlH 0'3Z'37" EAST ALONG 1HE EAS1ERL Y UNE OF' SAID SECTION a ~ J CENmAL ANIZE OF' ~0'4Z'2~' AN ARC OtSTANC~ OF' 34~.96 FEET ~ a CHORO OF NORIH 3~6'29' WEST ,,14~.40 FE~T: ~ LF, AVING SAID RIgHT-OF-WAY lINE NOR~,I 0~1'37" I!IEST A ~ ~ 33'0~'47" FAST A DISTANCE OF' 117.91 ~; ~/~OR/H 8g'2:B"2~-~.AST A D/STANCE' OF' 2"3.q. 77 ~ TO /)4E' POINT OF' EXHIBIT "BY E,~F~IBI T "C" CONDITIONS OF APPROVAL CU-2000-05 13A5 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on May 4, 2000. 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 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). A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to the prior to the issuance of a building permit. 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. EXHIBIT "D"