Resolution 1999-063
17EiI"~
RESOLUTION 99-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
A CHURCH EXPANSION CONDITIONAL USE KI" IN THE
KE" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48
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
yffiEREAS, 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 K1" of Section 2.2.3.3 in an ~EN Estates Zone for a
church expansion on the property hereinafter described, and has found
as a matter of fact (Exhibit "An) 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 Bruce J. Siciliano, AICP of Agnoli, Barber
& Brundage, Inc., representing North Naples Baptist Church 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 Use "1" of Section
2.2.3.3 of the "E" Estates Zoning District for a church expansion in
accordance with the Conceptual ~aster 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.
This Resolution adopted after motion, second and majority vote.
Done this ~ day of ~~, 1999.
Attest as to
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-21
The following facts are found:
Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
o
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:
ao
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 ingress & egress
Yes No
Affects neighboring properties in relation to noise,
glare, 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 within district
; Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should~not) be recommended for
approva 1
DATE: ~ER:
C~AI R?IAH
f/CU-98-21 FINDING OF FACT MEMBER/
E;:hi~i tao
Tract 7, Golden Gate Estates, Unit 97, a~ recorded in Plat Book 7, Pages 95 and 96, of the
Public Records of Collier County, Florida. Subject to easements, restrictions, and
reservations of record.
Exhibit B CU-98-21
06-940iS.doc I0
gz
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Itt
Exhibi~ C
CU-98-21
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Exhibit D
Subject to the following conditions:
a. Thc Planning Services Department Director Manager may approve minor changes in
the location, siting, or height of buildings, structures, and improvements authorized by
the conditional usc. 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 ora new conditional usc application, and shall
comply with all applicable County ordinances in effect at thc 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..ga appropriate portion of thc native vegetation shall bc retained on sitc as rcquircd in
Stwaion 3.95_5.4. of the Collier County Land Development Code, as amended.
c. An exotic vegetation removal, monitoring, and maintenance rexotic free) plan for the
d. Should safety or operational conditions warrant, the applicant shall be responsible for
the construction of turn lanes in accordance with Ordinance 93-64 at the project entrance
off of Oakes Boulevard when determined necessary by the County's Transportation
Department. Should the need arise for other roadway and intersections improvements to
18* Avenue and Oakcs Boulevard, the petitioner shall be responsible for contributing
their fair share cost of these improvements at the time of construction.
e, Per the Office of the Fire Marshall, upon reaching the maximum threshold for
sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a
reliable water source as approved by the Fire Marshal.