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Resolution 2020-013 RESOLUTION NO. 20 - 1 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE-TO ALLOW A PRIVATE SCHOOL AND PRESCHOOL WITH CHILD CARE SERVICES IN THE AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SECTIONS 2.03.01.A.1.C.10 AND 2.03.01.A.1.C.11 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR 9± ACRES OF A 15.97±ACRE PARCEL LOCATED ON THE SOUTH SIDE OF WESTCLOX STREET, APPROXIMATELY HALF A MILE WEST OF CARSON ROAD IN IMMOKALEE, IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. (PL20180002693) 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. 2004-41, as amended) 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 Board of Zoning Appeals (Board), 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 a Conditional Use to allow a private school and preschool with child care services in an Agricultural (A) zoning district pursuant to Sections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; 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. [19-CPS-01888/1514426/1] 101 Immokalee Guadalupe/PL20180002693 12/19/19 Page 1 of 2 a NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU- PL20180002693 filed by Barron Collier Partnership, LLLP, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow a private school and preschool with child care services in the Agricultural (A) zoning district pursuant to Sections 2.03.01.A.1.c.10 and 2.03.01.A.1.c.11 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this 1 'day of ,,) ,‘ILt(kr y , 2020. ATTEST: • BOARD OF Z• ,Ii. APPEALS CRY •' 'i ,V. U 1ZEL, CLERK COLLIE C Wy Y, FL 0 ' DA ' ftr OA. 0: AI e .`_:s,.►ti .., lb By: ,es a. .•'! 4 • ;deputy Clerk W'liam L. McDaniel, Jr., Chairman ti ature o •`s,,,, .• Approved as a form and legality: it Sally A"As ar Assistant County Attorney \Ok`\q Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval [19-CPS-01888/1514426/1] 101 Immokalee Guadalupe/PL20180002693 12/19/19 Page 2 of 2 CD Exhibit "A" Legal Description DESCRIPTION: (BY SUP.VEYOR) A PARCEL Of LAND SECTIONS 30 & 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST COWER C WNW, FLORIDA IPMCSL I) A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-OuARTER OF SAID SECTION 31, THENCE SOCr64'34"E, ALONG THE EAST UNE OF SAID NORTHWEST ONE-0 uARTER, A DISTANCE OF 30,19 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF WESTCLOX STREET (60 FEET WIDE); THENCE N.8431'45141 ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 30.19 FEET TO THE POINT Of BEGINNING. FROM SAID POINT OF BEGINNING, THENCE S.00 52'58-E. ALONG THE WEST LINE Of THE EAST 30 FEET OF THE AFOREMENTIOM) NORTHWEST ONE-QUARTER OF SECTION 3), A DISTANCE OF 627.51 FEET TO THE NORTHEAST CORNER OF LIBERTY LANDING, AS RECORDED IN PLAT BOOK 47, PAGE 71, OF THE P UBUC RECORDS OF COLLER COUNT. FLORIDA; THENCE N.8$'10'10-W. ALONG THE NORTH LOC OF SMO PLAT, A DISTANCE OF 632.45 FEET TO THE SOUTHEA-ST CORNER OF INDEPENDENCE PHASE rifio-A, AS RECORDED IN PLAT BOOK 48, PAGE 19, OF SAID PUBLIC RECORDS; THENCE N,00•3535V ALONG THE EAST LINE or SAID RAT AND THE EAST UNE OF INDEPENDENCE PHASE TWO. AS RECORDED IN PLAT BOOK 43, PAGE 64, OF SAID PUBLIC RECORDS, A DISTANCE Of 634 27 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTH RICHT-Of-WAY OF WESTCLOX STREET, THENCE $8431 45't ALONG SAID SOUTH RICHT-Of-WAY, A DISTANCE OF 629.97 FEET TO THE POINT OF BEGINNINO. DESCRIBED PARCEL CONTAINS 396,114 SQUARE FEET OR 9.09 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LANDS: 1PARCEL 2) A PARCEL OF LAND LYING IN SECTIONS 30 AND 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST CsIE-.WARIER OF THE AFOREMENTIONED SECTION 30, THENCE 5.00'52'93T ALONG THE EAST LINE OF THE MORN INTONED NORTHWEST ONE-OUARTER OF SECTX)N 31, A DISTANCE OF 30.19 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTH RIGHT-OF-WAY OF WESTCLOX STREET (60 FEET AIDE), THENCE N 8431.45"W ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 660.15 FEET TO AN INTERSECTION WITH THE EAST LINE Of THE AFOROAENTONED INDEPENDENCE PHASE TWO, AS RECORDED IN PLAT BOOK 43, PAGE 64, OF SAID PUBLIC RECORDS; THENCE N.00'35.351Y ALONG SAID EAST LINE, A DISTANCE OF 30.17 FEET TO THE NORTHEAST CORNER OF SAID PLAT AND AN INTERSECTION WITH THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SMO SECTION 30; THENCE N.64`31'45"W. ALONG SAID SOUTH UNE. A DISTANCE OF 176.24 FEET; THENCE N.05.28'15*E, DEPARTING 5A SOUTH LINE, A DISTANCE Of .30.00 FEET; THENCE S-134431 45`E PARALLEL WITH AND 30,00 FEET PERPENOICULAR FROM SAID SOUTH LINE OF SECTION 30, A DISTANCE OF 833,22 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EAST LINE OF THE SOUTHWEST ONE-OUARTER OF SMD SECTION 30; THENCE S-001 7027E ALONG SAID EAST UNE, A DISTANCE OF 30,15 FEET TO THE POINT OF BEGINNING DESCRIBED PARCEL CONTAINS 44,843 SQUARE FEET OR 1.(3 ACRES, MORE OR LESS, .7) lid LC:Z 6l OZ/tL/ZI OMOTA3d-NVid n0-00109\90MMVa0\(C69i0008lOZ1d)tl31N33 3dnlvOvnO 331VNOYVWI-00108\ONINNVId - l'020\SNINNVId\'0 O N Xo ! _ II . n u Hq N Z --.�Z_� g— w yf a �� y O I Z_ W WO a n J z 1— W U = Z � w W �� w 2 w co U` Y Cl w z Z_ a I— F- J Z p Q O a W � z - Q � J �� .Z >- Q 2J Z j vNi W c0 a_ I- = p0O � � p � W Q �� O~ 0 w2 2 CL 0 Z � � > w > Z li OW — p aQ' Op Z ctZ 2 � � m W zai r.�W o_ J CO ZW O (n U) J IC-13: ��Lu OLLI N = N = 8 Olir , N. O Y W 1 v vvvvvvvvvvvvvv �N. 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V O ama r41-4..*-1''' gieiNot'f:, MIi I' 4� AM Oa*: rj Wat a S Iiim: : ` fD�i !ia J \ \ \ III et ..• \`4... � omst a'os. +►,cam ,\ J \ \ ~ v, 1.t .- \lk "tea+`,Z!,..!.!. .,11 .7..... s. sliki • kb‘No K� 0 ES w U_ w '� CL J O w Z w z w , wQQ Z O 0 w p > pco Z ww QCC N p 0 p Lu< Q z a.w HW _ c. ,2 L8-2 oo aJ � OZ W = ^N QQ >- Lu isccoQ pp2pJa ›- Q p Ce Q cnZ � W w Z W V p ��� Zdw OcW > Q Z or- w � U U' cn ¢ J ® . . \� SITE INFORMATION: ZONING A, AGRICULTURAL SITE AREA: 9+/— AC. SETBACKS (MINIMUM): PRINCIPAL STRUCTURE: WESTC LOX ST. 175' SOUTH 100' EAST 200' WEST 60' ACCESSORY STRUCTURES: FRONT (WESTCLOX ST.) 10' REAR (SOUTH) 15' SIDE (EAST AND WEST) 15' NOTES: 1. ALL ON—SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING PROPERTIES. PARKING LOT LIGHTING LIMITED TO 15 FEET IN HEIGHT IN AREA SHOWN ON SITE PLAN. 2. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 3. A WEST BOUND LEFT TURN STORAGE LANE AND COMPENSATING RIGHT—OF—WAY WILL BE PROVIDED AT TIME OF SDP, IF NECESSARY. 4. PRESERVE NOT REQUIRED. IMMOKALEE GUADALUPE CENTER SCALE: N.A. Q.Grads Minor and Asroclztes.P.4. MMM: DATE: 3800 Via Del Rey 5000 8 Bonita Springs.Florida 34134 BATE: CONDITIONAL USE SITE PLAN NOTES MAPOH 3019 Civil Engineers . Land Surveyors . Planners Landscape Architects PILE NAME: — LcrLurAani.EBnnn6,G, n:n.,,1soIl: .BnnnsisaNnrEE ,znnnnnn Revised: Decem ber 13, 2019 a Bonita Springs: 239.947.1144 www.Gradylflnor.rom Fort Myers:239.090.4380 SHEET 2 OF 2 Exhibit "C" Conditions of Approval 1. The Conditional Use is limited to what is shown on the site plan, identified as "Immokalee Guadalupe Center—Conditional Use Site Plan"prepared by Q. Grady Minor and Associates, P.A., dated December 13, 2019. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Zoning Division Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 2. Should Westclox Street be extended, the developer will be responsible for the cost of construction of all site-related turn lanes, as well as for compensating right-of-way. 3. At the time of Site Development Plan(SDP),the applicant shall submit plans illustrating that outdoor lighting for the parking areas shall be designed to reduce light spillage beyond the property lines. Parking lot lighting pole height shall be limited to 15 feet as depicted by the hatch patterned area on the Site Plan. [19-CPS-01888/1514423/1]