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Resolution 2000-173 17 C RESOLUTION 2000-J] 3 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A VETERINARY CLINIC CONDITIONAL USE "IS" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 35, 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" IS" of Section 2.2.2.3 in an "A" Zone for a veterinary clinic on the property hereinafter described, and has found as a matter of fact (Exhibit "An) 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 Tim Hancock, AICP of Planning Solutions, Inc., representing Dr. Scott Gregory with respect to the property hereinafter described as: Exhibit "Bn which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "15" of Section 2.2.2.3 of the "A" Zoning District for a veterinary Clinic in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit OlD" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -1- This Resolution adopted after motion, second and majority vote. Done this /~- day of ~'~~ ,2000. ATTEST/." ..DWIGHT'E: .BROCk, CLERK :', ." attostoas.to Cha~n~an's M~. Scudeft, Assist~t CounW Attoney BOARD OF ZONING APPEALS COLLIER CO~A BY: fT~..~ .~, ~~~ Tm T(U,mr J. CON~ttNTIN~, CH^IR~^N g:/admin/CU-2000-04/RESOLUTION/CB/ts 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-04 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: o C o Consistency wit~Land Development Code and Growth Management P1y~e~ ~) 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: Adequat Y'e~ & egress No A~~boring properties in relation to noise, ic or odor effects: ct or Affect mitigated by fect can---~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~district No Based on the above findings, this conditional c~With us stipulations, (copy ~ttached) (should not) be re for app rova 1 /~'J~ . CHAIRMAN: ~/ DATE: ~/4/00 /~.~ 1/~[/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-04 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 o Consistency with the Land Development Code and Growth Management Plan: 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 & egress Yes _/ No C o Affects nei9hboring properties in relation to noise, glare, economic 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 within district Yes .~/J No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~h~t~- be recommended for approval DATE: FINDING OF FACT BY COLLIER CO%INTY PI~ING COMMISSION FOR A CO~rDITIONAL USE PETITION FOR 170 CU-2000-04 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 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 & e~ess Yes ~ No C o Affects neighboring properties in relation to noise, gl~economic or odo~ffects: - ~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, this conditional use should, with stipulat ions, A (c°py at,~ached) approval ~z~! ~/~ · DATE: (~h~ ~e ~~/~nded for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-04 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 Consistency with the Land Development Code and Growth Management Plan: Yes / No Bo 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 & egrfess Yes L/No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: L/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, this conditional use should, with 'aSpp~S, (copy attached) (should not) be recommended for DATE: 9~-~--~.,~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-04 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: Ao Consistency with the Land Development Code and Growth Management P~: Yes No So 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, gl~e, economic 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 Ur~0Sm~~with stipulations, (copy attached) (should not) be for approval ~~ DATE: S - .~ ""'~"/5'l~ MEMBER: LEGAL DESCRIPTION THE SOT~/"~ lS?.5 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE S0UT~~ 1/4--OF SECTION 35, TOWNSHIP 48 SOUTh, RANGE 26 EABT, LBSS T~E NORTH 30 FEET FOR ROAD RIGHT-OF-WAY, SAID LAND LYINg, BEiNg AND SITUATED IN COLLIER COUNTY, FLORIDA. PA~C~L I.D. 00206360007 SUBJECT TO 8as~-~ents, restrictions, and reservatfon~ of recor~ EXHIBIT "B" ill ii / 1 CONDITIONS OF APPROVAL CU-2000-04 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. Turn lanes are required both northbound and southbound. Prior to any Certificate of Occupancy being issued. A 12-foot right-of-way for the turning lanes shall be dedicated to the County. No impact fee credits will be considered for this dedication. Any canal crossing will need to be approved by South Florida Water Management District. eo The proposed addition to the existing structure will be for an animal hospital and will include the interior boarding of animals. No hospitalized or kennel facility animals will be boarded outside. The proposed addition will be constructed of concrete block. The "windows" in each kennel will be made of glass block in place of traditional windows that could be opened. Interior sound baffles (curtains) will be suspended from the ceiling to further reduce noise. Treated and boarded animals will be exercised on a leash and/or limited to an outdoor area no bigger than 100 feet by 100 feet. The proposed hospital will only treat and/or board small animals (i.e. animals weighing less than 250 pounds). All pets owned by Dr. Scott and Karen Gregory will be excluded from these stipulations.. Any violation of these stipulations will be subject to enforcement by Collier County. EXHIBIT "D"