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Resolution 1996-405 RESOLUTION 96----&.05 A RESOLUTION PROVIDING FOR THJ~ ESTABLISHMENT OF A GROUP CARE FACILI'rY CONDITIONAL USE "16" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OP THE COLLIER COUNTY LAND DEVELOPMENT CODE POR PROPERTY FRONTING ON THE WEST SIDE OF ~IRPORT ROAD LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State e,f Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, F'lorida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulationn 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 d"ly 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 "16" of Section 2.2.2.3 in an "A" Rural Agricultural zoning district for a group care facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory ,rovision and arrangement have been made concerning all .3pplicable 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: SEP - J 1996 The petition filed by Bruce E. Tyson ASLA, of Wilson Miller, Barton & Peek, Inc. representing Stuart Marcus as Trustee, or Assignee, 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 Uses "16" of Section 2.2.2.3 of the "A" zoning district for a group care facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. The Planning & Technical Services 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). 2. Prior to the issuance of a Certificate of Occupancy arterial level street lighting shall be installed at project entrances. 3. Project entrances at Airport Road and Orange Blossom Drive in accordance with the County's Access Management Plan shall be established to allow residents the option of accessing either Airport Road or Orange Blossom Drive. The Orange Blossom Drive entrance way shall be established at the time a Certificate of Occupancy is requested for the final building phase. 4. The applicant shall be required, under the provisions of Ordinance 93-64, to provide a southbound right turn Ian" from Airport Road into the project. Compensating right-of-way shall be required as a consequence of the installation of this turn lane. In addition, the existing sidewalk along Airport Road shall be reconstructed to a location and crade which will facilitate storm water runoff. fhese improvements will be made when requested by Collier County. 5. As part of the Airport Road six-lane project, Orange Blossom Drive will be reconfigurE,d to four lanes from Airport Road west to the Animal Control driveway. In addition, a new driveway entrance to serve the Italian- Merican Club will be located across from the Animal Control driveway. There will be a median opening at this location. Any proposed future access from this project onto Orange Blossom Drive shall be required to take these proposed changes into consideration and shall be consistent with the County's then-current Access Management Policy. SEP - 3 1996 6. The applicant shall be required to provide evidence of adequate drainage outfall and sufficient capacity for the project at the time of final site development approval. 7. An exotic vegetation removal, moni'toring, and maintenance (exotic-free) plan for the site shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plant construction plan approval. 8. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE), and South Florida Water Management District (SFWMD) shall be presented prior to final site development plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Mac'Kie e,ffered the foregoing Resolution and moved for its adoption, seconded by Commissioner lIancock and upon roll call, the vote was: AYES: Commissioner Mac'Kie, Commissioner Hancock, Commissioner Constantine, Commissioner Matthews, and Commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 3rd day of Septembec , 1996. ". BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~~'/' BY: ~?V ' ~ C. NO IS HAIRMAN ATT};ST: .' DWIGHT E. BROCK, ,:CLERK f2 (___ ~ ~.;.: '~".'~1d. MARJ~. STUDENT ASSISTANT COUNTY ATTORNEY CU-96-10 RESOLUTION/17327 SEP - 3 1996 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-10 The following facts are found: 1. section 2.2.2.3.16 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 Pla~ 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 ingress j egress Yes ~ No C. Affects neighboring properties in relation to noise~lare, 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 Wit~~istrict Yes No Based on the above findings, this Cgndit!O~~t~S~ should, with stipulations, (copy attached) ~u d e recommended for approval . DATE: ;)/rf," t CHAIRMAN: ~ jt If ~) FINDING OF FACT CHAIRMAN/17330 EXHIBIT "A" eOD( OOOrv.: If.>U LEGAL DESCRIPTION COMMENCING AT THE SOUTHEAST CORKER OF SECTION 2. TOVNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA' THENCE ~LONG THE EAST LINE OF SAIO SECITON ;2 NORTH 02 '57'30' \lEST 1397.1' FEET' THENCE LEAVING SAID SECTION LINE SOUTH 89'Q8'26' WEST 100.02 FEET TO THE WEST RIGHT OF WAY OF AIRPORT PULLING ROAD (C.R. 31) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED' THENCE CONTINUE SOUTH 89'08'26" WEST 602.51 FEET' THENCE CONTINUE SOUTH 89'OB'26' WEST 646.S3 FEET' THENCE NORTH 02'41'03" WEST 972,50 FEET TO THE SOUTH RIGHT OF WAY LINE OF ORANGE BLOSSOM DRIVE. THENCE ALONG SAID LINE NORTH B9'12'27" EAST 584.37 FEET. THENCE LEAVING SAID liNE SOUTH 02'56'50' EAST 660.18 FEET. THENCE NORTH e9'12'27" EAST 660.26 FEET TO THE SAID WEST RIGHT OF WAY LINE OF AIRPORT PUlLING ROAD' THENCE ALONG ShlD WEST LINE SOUTH 02'55'50' EAST 311.02 FEET TO THE POINT OF 8EGINNING: CONTAINING 17.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORO. , BOOK noo w: 160 . . 5EP - 3 1996 f- a> ~,A)IIU - ~...-u. ~.....",,,-,.~.~ ce . , ! . ?9g I I : ! . 1 ~ I:: 'i ~" ~ I ~ : ----.1- .-=~irnt ",JnI A. w.u ~IP~_- '\ (!I !I al i ".,. ... I) r . , ;' 3l ~ (IJ m o )> () ~ &9 j ~ of ~ ~ [9 ~OO( 000,:" 161 voo~ @@&'@[1JV D[1J [1J~Ii'Ulil MIl II If ~ ~ :J CONDIT1ONAL USE MASTER PLAN ill:l. If rUH I'Ie'AAED FOB HEALlHTRJST AlIEllICA IC. _ ,fr I I J . ~ i , EXHIB.~T "CO ~i;~\~[~~!!~ 1l''''3:''' I~III z~~r=f;; _w_ PP1ci~o I M I "':'::0:': I I -- __.If"" -