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Resolution 1996-376 AUG 1 3 1996 RESOLUTION 96- 376 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A HOMELESS SHELTER CONDITIONAL USE 1t91t IN THE ItC-41t ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 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 1t91t of Section 2.2.15.3 in a ItC-41t zone for a homeless shelter on the property hereinafter described, and has found as a matter of fact (Exhibit ItAIt) 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: AUG 1 3 1996 The petition filed by Patrick H. Neale, President, Immokalee Friendship House, Inc., with respect to the property hereinafter described as: Lot 23 , ~4, Block 5, Miller's Park as recorded in Plat Book 2, Page 80, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "g" of Section 2.2.15.3 of the "C-4" zoning district for a homeless shelter in accordance with the Conceptual Master Plan (EXhibit "B") and SUbject to the following conditions: Exhibit "CO which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner !1atthews and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Matthews, Commisisoner Hancock, Commissioner Mac'Kie, and Commisisoner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 13 , 1996. August day of . ,"'"'''' BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~ BY: ' ~N C. NO IS, CHAIRMAN "." , ,('.- " '....... , , . " . ,'I' ,'~.....(>\ BROCK,"-: l?J,ERK A1TES'l': nwiGHT E. - " ~ .... ' . APP b'viD'ASTQiORH AND ,LE ',SUFFICIpCY: ""'''':J--'. . 71i',{h ~;f' . (Jd.lJ~. RIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-96-9 RESOLUTION/17282 -2- lOOK O(]O,,'.197 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-9 The following facts are found: AUG 1 3 1996 1. Section 2.2.15.3.9. of the Land Devlopment 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. Consistency with the Land Development Code and Growth Management Plan: Yes _______ No B. 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 ingres~& egress Yes ./ No C. Affects neighboring properties in relation to noise,)1lare, economic or odor effects: ~o 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 should, with stipulations, (copy attached) CfShou@ not) be recommended for approval DAT" 1)1411 OHAIRMAN,l~ 1f11 FINDING OF FACT CHAIRMAN/17285 ~OOK 000 w,:HJ8 EXHIBIT "A" -', J,'.t.J " ' .','.' . _.....:.:J......; .. ~'.: F~ ; .. ;:.}OIIlS:'C,. .....-....:. os( Of IIJILOU:: .;:.SUIJCU: ~.~ -,-:.;; y. "'.'" SIUl ~~.... ',' :.....:--. " .~ .~l';" ':... " I SQaul uoucrs I; it' (usnIC: .1G00TlOIi . ':- ." ~.~ '. .:::' . 1, . 'BUILDI;-;G i l'IUL .. ~ JJ'.~I: . i I .-r- "~~"'."""v"", :~"'" ~ ~~,. . '4 -,'. ft. ,.'; -ll ~A.DPITIOl'j,AA;:' ;.,,~~~~~,' ,LX/OliN. ,~AU<:" ': ,"'" _ ""~"""~"'~""'''-''''::'''~''.. . ~;...-r:::;""1':'.;.J":'.r. I . .. . .-. .~ . - -. I ..{,-."-4 _'ji.-:.lt;": ,,~~, :..:r.:t I .),...." ;JT':Jj;.''&'- * I.:,-:'~ .r~" "'-.........;.,0,. I, .' ,- , ,,"' EXI$':'I:.Q PARtcmG I I l ,~ . ...':f. " I f- '" o z TlL[ lfIlOY,\TU. All ".I.U~"S. CL.\SUC (1~ull [JUIU' !O' ~"o.:(q sITe SIIAlL 'lUluct' '~O; ,..1. I(AI fun TO UAI' P10'UTlU. ~ - ....:.-i.. . :'~, ") -'~.- .;~~~_;l~~~;<"'~ "/.;;~,,,~~,~'~).~~!':r:~ i - . ~13 7t1~ . .t:."~ .~..~ :OJ.., .:~ .~...:.1- 'i1~.;:~ ~ I f- ,~ Vl ~ .i.~.:~" -' :; .~1l~'''~r .f"'~~. \ t .~~.J:~:;\;~~~.:'f {,~~ .... ........4'.'4t. ""'~'....:.", ,....-.,.....'...... ,<,,- -""....,.,,'-- ',- ',~" ~~.. ~'f~.:\;.;;:::~-:*~--!t:"! ~"'~~,f'~~';;.-':"~ ;;..3.oX'S: ::3=J1i'..........~_l~~...,.'\:J:~_~...y .. ": ': ~ c;;.-'0"".' -;1,'L;,'\, f~"r'~;\J;.i"'m~~ ""+~~'ll'~';""'; ~:~:.~~~.:m.n~~,,; .. ., ~. .- 1"\A'H S...-R..o,;.,- ( SR.-2.'l) ~ . EXHIBIT .B~DK OOOmr 199 AGREEMENT AUG 1 3 1996 I, Patrick H. Neale, agree to the following Planning Commission in as authorized agent for Petition CU-96-9, stipulations requested by the Collier County their public hearing on July 18, 1996. PLANNING: a. 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 No. 91-102). b. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Current Planning Environmental Review Staff for review and appro al prior to final site plan/construction plan approval 'PETITION OR AGENT State of Florida County of Collier Sheet was acknowledged before m~ th~ , 1996 bYm.r/f/~ ;;<A-~AI-- r who has produced (did not) take an oath. M1j'l6~ (Signature f Notary Public) FilA. ARY SEAL SHERRY LONG NOTARY I'U1l IC Sf A OFFLOR!DA NOT y ~IJ!f(PN NO, com30 Comm ' '.n- ION EXP, SEf'f ll.1?% My Commission Expires: ~OOK 000 'l',: 200 EXHIBIT "C"