Resolution 1999-32217[
RESOLUTION 99-~322
A RESOLUTION PROVIDING FOR THE ESTABLISIIMENT
OF CtlILD DAY CARE CENTER CONDITIONAL USE "I 1"
IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.'~.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 31, TOWNSHIP 46 SOUTIL RANGE
29 EAST, COLLIER COUNTY, FLORIDA.
WlIEREAS. the Legislature of the State of Florida in Chapter 67-1246, I.aws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate anti
enforce zoning and such business regulations as are necessary for the protection o~'the public; and
WHEREAS, Ihe County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning ofpartieular geographic divisions of the County, among which is lhe granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission. being the duly appointed and
constilutcd planning hoard for Ihc area hereby alTecled. has held a public hearing after notice as in said
regulations made and provided. and has considered the advisability of Conditional Use "l I" of Seelion
2.2.2.3. in an "A" Rural Agricultural Zone for a child day care facility on the properly 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 2.771.4 o£thc 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 mailers presented.
NOW, THEREFORE BE IT RESOLVED, BY Tile BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition Filed by Hoyt Holbrooks representing the Lake Trafford Baptist Church 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 "l I" of Section 2.2.2.3. of the "A" Rural
Agricultural Zoning District for a child care facility in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
17Et
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes oFthis Board.
This Resolution adopted alter motion, second and majority vote.
Done this
day of ~~_._, 1999.
ATTEST:
~DWIGHT E. BROCK, Clerk
LeS~! Sufficiency:
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. 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 Manage3Dmn~c~R~,an:
Y~~__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 ing~e~Js--~'egress
Affects_n~i~hboring properties in relation to noise,
gla~ei'~ec~no~ig or odor effects:
~.~ No affe~ or Affect mitigated by
~~fect ca~ be mitigated
D, Compatibility with adjacent properties and other
property in the__d__is=rict:
ComDati~l-'-e~use Within district
Based on the above findings, this conditional use should, with
stipulations,~//~ attached) (should not) be recommended for
approval
DATE: MEMBER: ~,': o .. ~,~..~
EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
178
CU-99-0.7
The following facts are found:
Section ...2.2.2.3.11 .... 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~an:
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
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes t--/ No
Based on the above findings, this~conditional use should, with
stipulations, (copy attached) (~ould not) be recommended for
approval ....... ( i(.~
f/FINDING CF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLAN'NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
178
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Deve!oDment 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:
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
nutomotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~,z No
Co
Affects neighboring properties in retaticn to noise,
glad, economic or odor effects:
No affect or __Affect mitigated by
Affect cannot be mitigate~
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use~/~ithin district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~) be recommended for
approva ! , ~
DATE: 17 MEMBER: ""~"~'~ ~ ~ ~"~~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLA~N'NING COMMISSfON
FOR
A CONDITIONAL USE PETITION
FOR
CU-,99-07
The following facts are found:
Section 2.2.2.3.11. o5 the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adver~'~ely affect
public interest and will not adversely affect c~h~r
or uses in the same district or neighborhood because
Consistency with the Land Development Code and
Growth Management Plan:
Yes /' No __
Ingress and egress to property and
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic ~
..ow and control, and access
catastrophe:
AJequate ingress & egress
Yes v ~o ---~__
Affects neighboring properties in relation to noise,
gla{e, economic or odor effects:
~ No affect or __ Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties an<i other
property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional u~e should, with
stipulations, (.~0PY a~tached) . ~~ be recomm~e~ded for
approval
DATE: ~ / 7,~ MEMBEr: / .....
f/FIh"DiNG C.-- FA~. MEMRER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COS~ISSiON
FOR
A CONDITIONAL USE PETITION
FOR
178
CU-99-07
The following facts are found:
Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely aff~'~ ~ ,,
_c~- other pro.eft:
or uses in the same district or neighborhood betause of:
Consistency with the~and Development Code and
Growth Management
Yes~ ~ No
Ingress and egress to property and proposed
s~ructures 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 &,~/ress
Yes ~", NO
Affects neighboring properties in relation to noise,
gla~ 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 ~lthin distric~
Yes
stipulations, (copy attached)
approval
Based on the above findings, this conditional use should, w]l h
(s-~6=:Ztl~..~ be reco~,~nded for
f/FI~/DING OF FACT MEMBER/
LEGAL DESCRIPTION
(As Furnished)
LEGAL DESCRIPTION OF JOINT PARCELS
CD~MMENCIN~ AT THE EAST QUARTER CORNER OF SECTION 31,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, 'COLLIER COUNTY~ FLORIDA.
RUN NORTII 00°55'40" WEST 800.00 FEET ALONG THE'EAST..}-INE~:0~
': ~...~. . :,,':.-~':':
SAID SECTION; TIIENCE NORTII 8g°06'30': ~EsT'.3O.0O .FEE'P:TO'T~E'
WEST RIGlIT-OF-WAY LINE OF CARSON ROAD AND THE POINT OF..
PEri, INNING; THENCE N¢]RTIf 00'55'40" ~EST 200.00 FEET
1
ALONG SAID RIGlIT-OF-WAY; THENCE NORTH 80'06'30" WEST 45b~O0
· . .
FEET TO A POINT; THENCE SOUTH 00'55;40' EAST 400.00..FEET~,,?.(~
A POINT; THENCE SOUTH 89'08'15" EAST 249.91 FEET TO A
POINT: THENCE NORTH 00'54'03"'WEST 200.00 TO A POINT; '.
TIIENCE SOUTH 89'06'30" EAST 200.00 FEET TO TIIE SAID'yfE~.:
RIG/IT-OF-NAY LINE AND THE pt'l'l~T t)l;' nEff. T~'q2qlN~,,
CONTAINS 3.2 ACRES MORE OR LESS
EXHIBIT "B"
%
% % ·
EXHIBIT "C"
i;
I1111:,
CONDITIONS OF APPROVAL
CU-99-7
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 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, Silc
Development Plan Review of the Collier County Land Development Code.
12.1 The only access to the site shall be from Carson Road.
EXHIBIT "D"