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Resolution 1993-217 MAY 25. 19.93 RESOLUTION 93- 217 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHILD CARE CENTER AND CLASSROOM FACILITIES CONDITIONAL USE IN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 49 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 Uses 3 and 4 in an Estates zone for a child care center and classroom facilities on the property hereinafter described, and has found as a matter of fact (Exhibit NA") 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 ot Collier County,. Florida that: BOOK ()(}()PAGE ~~ -1- '\- MAY 25, 19.93 The petition filed by Timothy L. Hancock of Wilson, Miller, Barton ~ Peek, Inc., representing TECH Foundation with respect to the property hereinafter described as: Exhibit NBN which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses 3 and 4 of the Estates zoning district for a child care center and classroom facilities in accordance with the Conceptual Master Plan (Exhibit NCN) and subject to the following conditions: 1. 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). 2. A 6'ON high solid fence or wall shall visually separate the play areas as designated on the site plan (Exhibit NC") and the living areas and outside patio of the residence to the west. 3. Collier County reserves the right to monitor the traffic at the facility'S driveway and, if operational problems develop, require a right turn lane after the fact of the expansion, if granted. 4. The owner shall provide a fire protection water supply for the property, and also a fire lane to service the rear portion of the structure. 5. Use of grassed surface, with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculations shall consider all the parking area as impervious surface. 6. Provide appropriate barriers around the perimeter of the septic tank and drainfield to ensure proper operation and maintenance. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: Commissioner Constantine, Commissioner Norris, Commissioner Volpe, Commissioner Matthews and Commissioner Saunders AYES: NAYS: ABSENT AND NOT VOTING: BOOK ()(}() PAGE ~3 ABSTENTION: -2- MAY 25, 1993 . .. . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-93-2 The fOllowing facts are found: 1. Section 2.2.3.3 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 neiqhborhood because of: Consistency Wi~h e Land Development Code and GrOWth Hanageme 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 ingres 'egress. Yes' No_ neighboring properties in relation to , glare, economic or odor effects: No affect or Affect mitigated by ~ Aftect:eannot be mitigated Compatibility with adjacent propertie~ and other property in th~strict: Compatible u within district . Yes_No_ Based on the above findings, this conditional use should, with stipulations, (copy at1jf.ched) (ShOUld:~not) be . recOlll1llended for approval {:Jl.f1UVA (.;..... ___ _ DATE: {, MA ~ l$ "3 CHAIRMAN. e/ A. B. c. D. FINDING OF FACT CHAIRMAN Imd EXHIBIT "A" BOOK ()O() PAGr ~5 R'- MAY 25, 1993 ... ..", . . . . . . The East 150 feet of Tract 76, Unit 30, Golden Cate Estates, according to plat thereof recorded in Plat Book 7, Page 58, of the Public Records of Collier County, Florida. Exhibit "B" ao~ 000 PAGE ~6