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Resolution 1998-372RESOLUTION 98- 372 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD DAY CARE CENTER CONDITIONAL USE "2" IH THE "I" INDUSTRIAL ZONING DISTRICT PURSUANT TO SECTION 2.2.16.3. OF THE COLLIER COUNTY LAND DEVELOPHENT CODE FOR PROPERTY LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-12~6, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Cc,tory the power to establish, coordinate and enforce zonin9 and f3uch 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 qeographic divisions of the County, among which is the granting cf C.,)r]di. tional Uses; and WHEREAS, the C,311ior County Planning Commission, being the duly appointed and constitute<] planning board for the area hereby affected, has held a public }]earing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of [{ecti(n 2.2.16.3. in an "I" Industrial Zone for a child day care center on t'he property hereinafter described, and has fou~%d a~ .7, ~r~atter of fact (E>:hibit "A") that satisfactory provision and arranqement have been made concerning all applicable matters required by said regulations and in accordance with Subsect.ion 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHE~EAS, ail interested parties have been given opportunity to be heard by t. hi:; [~.c'~<~r~] i:1 a [~:bl~c meet].~3 assembled and the Board having considered ali matt'ers presented. NOW, THEREFORE BE IT }{ESOI,VED, BY 'rile BOARD OF ZONING APPEALS of Collier County, Florida that: 1 Tho petitio.*~ £iled by Dominick J. Amico, Jr., of Agnoli, Barber Ptund:~q..~, ~nc., representinq Collier Development Corporation with ._~v.._~ ~,:~ tho ~,roper~ / hereinafter described .... · ..~,..[t "b" which is attached hereto and incorporated by be and the same is hereby approved for Conditional Use "2" of Section 2.2.16.'3. of the "t" Industrial Zoning District for a child day care center ir: ~':co:':~anco.. w[tih the F'once~.. ~ ptual >:aster ir'lan (Exhibit "C") and su!,je :L 'o t. he [ollowinn conditions: ::,[:',:: chang,m in the location, siting, b~tidings, 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 app]icabie County ordinances in effect at the time of ~ubmittn~, Jncludinq Division 3.3, Site Development ['lan Review and approval, of the Collier County Land ?e';c~lopment Code {Ordinance No. 91-102). BE IT FURTHER RESOI,VED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,7'r'~" day of ;"' ~ .................. --~4,~ , 1998. DWIGHT E. BF;CCK, rii,.-2rk Approved as t.o Form and Legal Sufficiency: Ma. jo%lo Assistant County Attorney BOARD OF ZOHING APPEALS COLLIER COUNTY, FLORIDA BARBA-~.A B. BEhRY,%C~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-9@-16 The following ~ac~s are found: Section 2.2.16.3.2 of the Land Development Code authorized the conditional use. 2. 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. Consiszenc'/ with the Land Deve!cpmenu Code and Growth Management P!ap: · ~ .... ~=ss ~o property and proposed structures thereon with particular ~eference to au~omoti-ze and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catasurophe: Adequate ingress & eg/ess Yes __[/ No ~.-. Affects ,.-~,.-~--..~'~c'~¼~."~'~_ prcuerties, in relation to noise, glar~',/:_~nom~c or cuor effects: %/~o ~ffect or Affect mitigated by Affect cannou be mitigated D. Compatibz!ity with adjacent properties and other ~o.~ .... z ~n the district: Ccr. patible use w~t~hin district Yes O/' No Based on the above =~ndings, n!~itional use should, with stipulations, (cop'/ attached) ~]ot) be recommended for approval ~r~ ~ ~ : MEMBER : __ EXHIBIT "A" f/C'J-95-1~ FI:~Di::G OF FACT LEGAL DESCRIPTION l.ots 31 & 33, East Naples Industrial Park, As Recorded In Plat Book 10, Pages 114 & 115 Ot'Th¢ Public Records Of Collier County, Florida. Section 35, Toxvnship 49S, Range 25E. Exhibit "B" 9' ) ~ ' ~ //i! (,08~) U..l m u_ 0 L~ I-- rr"' I t I- '~:-"-- ~-I PLOT PLAN EXHIBIT. 0 0 n O~