Resolution 2000-419
178
RESOLUTION 2000- Jl..L
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHILD CARE CENTER CONDITIONAL USE "3" IN
THE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 10, TOWNSHIP 49 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 ofthe 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 "3" of Section
2.2.3.3. in an "E" Estates Zone for a Child Care Center 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 Pastor Vema Nash representing Bethesda Pentecostal Church with respect
to the property hereinafter described as:
South 180 feet of Tract 114, Golden Gate Estates Unit One, as recorded in Plat Book 4,
Pages 3 and 4, Official records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "3" of Section 2.2.3.3. of the "E" Estates
Zoning District for a Child Care Center subject to the following conditions:
Exhibit "B" 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 /6P;~ day of '7]a,'~-a~/u~ ,2000.
Attest as to Chairman's
ATTESt: , it'
D~HTE. 'BI~OCK, Clerk
Approved as to Form and
Legal Sufficiency:
Ma~joOe M. Studen{,
Assistant County Attorney
g:/admin/CU-2000-13/RESOLUTION/CB/im
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: -
JAMES D CHAIRMAN
2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17B
CU-2000-13
The following facts are found:
Section 2.2.3.3.3 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:
C 0
Consistency with the Land Development Code and Growth
Management Pi~ 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 a~ce~ in case of fire or catastrophe:
Adequate~~s & egress
No
Affects neighboring properties in relation to noise,
gla~ or odor effects:
( ~ No affec~g~ or Affect mitigated by
~. -----~ffect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the dist~
Compatible USy~n district
No
Based on the above findings, this conditional use should~ with
s ' zons, ~__ f attached) (should not) be rec0~mended for
approval ~0~ .
DAT ,: iO/_ /00
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-13
The following facts are found:
Section 2.2.3.3.3. 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
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
Affects neighboring properties in relation to noise,
glare, economic 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 within district
Yes ~// No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should ~t~) be recommended for
approval /~%~,~6F~/ /~
DAT ., ,oi /r'
g/admin/CU-2000-13f/FINDING OF FACT MEMBER/CB/im
17B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-13
The following facts are found:
Section 2.2.3.3.3. 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 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
Affects neighboring properties in relation to noise,
glare, 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 use ~~, with
stipulations, (copy attached) 4~JR~r~c-~be recommended for
approval
._, /?~-,~" MEMBER:
g/admin/CU-2000-13f/FINDING OF FACT MEMBER/CB/im
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-13
178
The following facts are found:
Section 2.2.3.3.3. 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 P~No
Yes
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 s
Yes ~g3~eSNo
Co
Affects neighboring properties in relation to noise,
glare,/conomic 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 within district
Yes /No
Based on the above findings, thi~r~itional use should, with
stipulations, ~(copy attached) ~h~not) be recommended for
appr°val k~/ ~~ ~~~
9/admin/CU-2000-13f/FINDING OF FACT MEMBER/CB/im
CONDITIONS OF APPROVAL
CU-2000-13
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission at its public headng on October 5, 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 ^pproval, of the Collier County Land
Development Code, Ordinance (91-102).
EXHIBIT "B"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-13
178
The following facts are found:
Section 2.2.3.3.3. 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 ~n:
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 &.e~ress
Yes %/ No
Affects neighboring properties in relation to noise,
glad, 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/within district
Yes v-- No
Based on the above findings, .~h~~ditional use should, with
stipulations, (copy attached)~(s~ou~'not) be recommended for
approval . ~ ~ ~
g/admin/CU-2000-13f/FINDING OF FACT MEMBER/CB/im
EXHIBIT "B"
17B
CONDITIONS OF APPROVAL
CU-2000-13
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission at its public hearing on October 5, 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).
EXHIBIT "B"