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Resolution 1991-036 5'. RESOLUTION 91-36 JANUARY 22, 1991 RELATING TO PETITION NO. PU-90-21 FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has ir. conferred on Collier County the power to establish, coordinate a=; 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 �T. Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Provisional 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 Provisional Use "a" in an RMF-6 zone for parking lots and for two educational buildings to be accessory to a church 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 Section 13.1.d. of the Zoning Regulations 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 of Ervin Ross representing East Naples Baptist Church, Inc. , with respect to'thA° property hereinafter described as ® OOO PAGE 27 JANUARY 22, 1991 Lots 22, 23, 24, 25, and 26, Block 3, Naples Better Homes per plat in Plat Book 2, Page 105, of the Public Records of Collier County, Florida, and Lot 27, Block 3, First Addition to Naples Better Homes per plat in Plat Book 4, Page 3, Public Records of Collier County, Florida. Subject to restrictions, reservations and easements of record. be and the same is hereby approved for Provisional Use "a" of the RMF-6 zoning district for parking lots and for two educational buildings to be accessory to a church subject to the following conditions: a. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. b. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. c. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. d. Prior to Final Site Development Plan approval, a detailed water management plan and supporting calculations signed and sealed by a professional engineer shall be provided. e. A typical cross-section of retention areas and indication of the seasonal water table in relation to of pond shall be provided on the Site Development Plan. f. A Site Development Plan shall be submitted for approval if any site modifications are required. g. Verification of existing septic tank and drainfield c capacity to serve the overall project, pursuant to Ordinance No. 80-112, shall be provided. If capacity is not sufficient in accordance with FAC Chapter 10D-6, illustrate on the Final Site Plan the expansions of the septic system. h. The developer shall be subject to all environmental ordinances in effect at the time of development order approvals. i. Provisional Use approval does not absolve the developer from supplying necessary information as required for subsequent site plan approval (i.e. , wildlife surveys, etc.) . • • ® 000 PAGE 2g ' -2- 1 JANUARY 22, 1991 .4 j. The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the Provisional Use. Expansion of the uses identified and approved within this Provisional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Provisional Use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Section 10.5, Site Development Plan Review and Approval, of the Collier County Zoning r` Ordinance, 82-2, as amended. k. Existing slash pines shall be retained, wherever the site development plan permits, to meet the requirements of Section 8.30 and Section 8.37 of the Collier County Zoning Ordinance 82-2, as amended. 1. Provide a hedge, per Section 8.37 of the Zoning k� Ordinance, next to residential properties to the east `•& and south. m. This project shall be submitted to the Collier County Public Health Unit for review and approval in accordance with FAC 10D-6 for a septic tank permit for domestic waste. n. Development associated with this Petition shall be subject to the availability of adequate public facilities as defined in the Adequate Public Facilities Ordinance. f,. o. This project shall be required to meet all County 'y ordinances in effect at the time final construction documents are submitted for development approval. p. This project shall be required to tie into the Collier County sewerage system once the area comes on-line with the South County Regional Wastewater Treatment Plant. q. Lighting shall be maximized such as to protect neighboring properties and the adjacent roadway. Bulbs shall be shielded and pointing down. Furthermore, the lighting shall be shown on the Site +;! Development Plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Shanahan offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: AYES: Commissioner Shanahan, Commissioner Hasse, Commissioner Volpe, Commissioner Saunders, and Commissioner Goodnight NAYS: ABSENT AND NOT VOTING: ABSTENTION: ® 000 PAGE 29 -3- JANUARY 22, 1991 Done this .2a day of ,,c,r , 1991. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA • BY: /1(.o►O • , PATRICIA ANNE GOODNIGHT, IRPERSON ATTEST: • `%i JAMES C. GILES !'CLERK • ,ROVED AS TO FORM AND LEGAL SUFFICIENCY: I NIS RONIN ASSISTANT COUNTY ATTORNEY PU-90-21 RESOLUTION nb/4395 11 000 PAGE 30 -4- JANUARY 22, 1991 • FINDING OF FACT BY . COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-90-21 • The following facts are found: 1. Section 7 . 120) (a) of the Zoning Ordinance authorized the provisional use. 2. Granting the provisional 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 Comprehensive Plan: Complies witbComprehensive 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 ingress & egress Yes \./ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ■1 Affect mitigated by Affect cannot be mitigated D. General compatibility with adjacent properties and other property in the district: Compatible..use within district Yes V No Based on the above findings, this provisional use should, with stipulations, (copy attached) ( . . . 3 be recomme ed for approval DATE: / 3 CHAIRMAN: l • FINDING OF FACT CHAIRMAN • 000 PAGE 31 • • Exhibit "A"