Resolution 1995-154
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RESOLUTION 95- 154
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USES "3" AND "S" IN THE RMF-6 ZONING
DISTRICT PURSUANT TO SECTION 2.2.5.3 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 11, TOWNSHIP 47 SOUTH, RANGE
29 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 Uses ")" and "SIf of Section 2.2.5.3 in an "RMF-6"
zone for a child care center, adult day care center and cluster
housing on the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and
arrangement has 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:
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The petition filed by George L. Varnadoe and R. Bruce Anderson
of Young, van Assenderp, & Varnadoe, P.A., representing Collier
County Housing Authority Land Acquisition New Development, Inc.,
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 "3" and "S"
of Section 2.2.5.3 of the "RMF-6" zoning district for a child care
center, adult day care center, and cluster housing 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.
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
Mac'Kie
and upon roll call, the vote was:
AYES: Commissioner Constantine~ Commissioner Mac'Kie~ commissioner
Norris, Commissioner Hancock~ and Commisisoner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
28th
, 1995.
day of February
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APPJl.OVI'D AS W'FORM AND
LE~AI" ISUffl~i~NCY :
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APPEALS
FLORID
IRMAN
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MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-17 RESOLUTION/12543
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
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CU-94-17
The following facts are found:
1. Section 2.2.5.3.3 & 2.2.5.3.8 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
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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 & egress.
Yes' ')( No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
K No affect or Affect mitigated by
, Affect cannot be mitigated
D. Compatibility with adjacent propertie~ and
other property in the district:
Compatible use within district
Yes 'I( No
Based on the above findings, this conditional use s~
with stipulations, (copy attached) (should not) be-
recommended for approval ~.
DATE: ~/J..I1J-
CHAIRMAN: ~,-cX~
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
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All that part of the Southeast 1/4 of the Northwest 1/4 of
Section 11, Township 47 South, Range 29 East, Collier County,
Florida, lying Northeast of S.R. 29, but reserving unto the
Grantors all oil, gas and mineral rights in and to the
above-described lands, but waiving the right of surface
exploration.
Exhibit "B"
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EXHIBIT "e"
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AGREEMENT
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I, George L. Varnadoe, as owner or authorized agent for
Petition CU-94-17, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on February' .Z, 1995.
PLlI.'ffiING:
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. 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 Compliance
Services Department contacted.
WATER MANAGEMENT AND ENGINEERING
a.
Prior to
petitioner
Management
final site development plan approval, the
shall obtain all necessary South Florida Water
District Permits for the water management plan.
b. Final water management and engineering concerns shall be
reviewed and approved during the Site Development Plan
(SOP) review process.
ENVIRONMENTAL:
a.
Prior to final site development plan approval, the
petitioner shall obtain all necessary state and federal
permits as they pertain to the gopher tortoise on-site.
Collier County shall approve of a gopher tortoise
protection plan prior to final site development plan
approval.
12546
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PETITIONER OR AGENT
Exhibit "0"
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STATE OF FLORIDA
COUNTY OF COLLIER
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The fore~oing Agreement Sheet was acknowledged before
day of €/?I?()fJp V , 1995 by /? BRWE fllJI)ff-"b-J
personally known to me. or ,:he ha~ produoed--
A3 idQntificat~
me this 8/j1
, who is
a~~, EUZABElH M,llll1.IiGHNo\
If'") ,- MY COf,MSSOI' CC422150 flIPIPES
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f'!tA~lLtfA In, ,{oJ//;4tJ/)n
(Slgnature of Notar~public)
[U?ttP-,fTlt (I), 1J/LLt/ )f,/I/H'n
NOTARY PUBLIC
Commission # CC '.91.
My Commission Exp1res: I ci/99
RE~TI~ cl~
STATE OF FLORIDA
COUNTY OF COLLIER
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The fore
day of
personally known t
a:Jt- iQ9nt;ir~.....cu:.lon.
me this M
, who is
Agreement Sheet was
, 1995 by
me Q1:: ~ho ha.o:>>
acknowledged before
Marv Lee Lavne
}JLvd\:1ecEl
~Q-{ ~ /~ ''f(Wd-0J
(Signature of Notary Public)
Qe.~,' j,c,,- J:!. ;ltl;lV'ft,YI
NOTARY PUBLIC
commission # C!-C!.. oR9("~ "J
My Commission Expires:
CU-94-l7
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