Resolution 1999-380178 ',
RESOLUTION 99-_2~0
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHILD CARE FACILITY CONDITIONAL USE "4" IN
THE C-$ ZONING DISTRICT PURSUANT TO SECTION
2.2.151A.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 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 "4" of Section
2.2.15Vj.3 in a C-5 Zone for a child care facility 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 Terranee Kepple, P.E., of Kcpple Engineering, Inc. representing Anthony
Ross, with respect to the property hereinafter described as:
Parcel "C", Replat Tract "B", Airport Road Plaza as Recorded in Plat
Book 28, Page 4, of the Public Records of Collier County, Florida
be and the same is hereby approved for Conditional Use "4" of Section 2.2.1555.3 of the C-5 Zoning
District for a child care facility in accordance with the Conceptual Master Plan (Exhibit "B") and
subject to the following conditions:
-1-
All areas and surfaces readily accessible to children shall be free of toxic
substances and hazardous malerials, according to Land Development Code
Section 2.2.15 '/2.3.4(a).
The Site Development Plan shall indicate minimum open space of not less than
30 percent of the lotal square footage of Parcel "C".
All open space to be used by children shall be bounded by a wall, five feet in
height, which complies ~vith the applicable provisions of Land Development
Code Division 2.8.
The child care provider shall comply with the State of Florida Department of'
Health and Rehabilitative Seroices Child Day Care Standards, Florida
Administrative Code, Chapter 10M-12, effective March II, 1986, prior to
issuance of an Occupational License.
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the
course of site clearing, excavation or other construction activity an historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
An appropriate portion of native vegetation shall be retained on site as required
in Section 3.9.5.5.4 of the Collier County Land Development Code.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan
for the site shall be submitted to Current Planning Environmental Staff for
review and approval prior to final Site Development Plan approval.
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 ~ day o f ~,~::l:~x~,;~, 1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
:'. ~". ATI'EST:
-: :;. DWIGHT E. BROCK, Clerk
"'-,~.,.'....:,.,.:,'. s lgnature only.
Approved as to Form and
Legal Sufficiency:
Marjdhe M. Student
Assistant County Attorney
~/ad rnirffsue/C U-99-14/RESOIo!.JTION
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
17D
CU-99-14
The following facts are found:
Section 2.2.15~.3.4 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 ing~s~ & egress
Yes/~-~ No
Affects neighboring properties in relation to noise, glare,
e~omic 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 wi~h~ district
Yes~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for approval
f/FINDING OF FACT CHAIRMAN/CU-99-14
EXHIBIT "A"
PARCEL
'- S89'56'28"[ 189.50'
Radio Road
Perking Requirements
Doy Core Center
1 spoce/teocher
1 spoce/10 students
mm