Resolution 1998-114
1 :',6- 1"~
RESOLUTION 98- 114
A RESOLUTION PROVIDING FOR THE RECONFIGURING
0F TIlF. PPOPF.PTY BOr)NDARTE:J OF' AN EXISTING
CHURCH AND FOR THE ADDITION OF BUILDINGS AND
P.A.PKIWi, r~()rIDITIO!lr\L USE "I", III THE "E"
ESTATES ZONING DISTRICT PURSUANT TO SECTION
2. /..1.3 OF THE COLLIE? COUNT'{ LAlH)
;)E'It:..O?:1ErlT CODE. fOR PROPERTY LOCATED IN
:>Er:7I011 21), TOvll1SHIP 49 SOUTH, RAllGE n
S,r.ST, COLL IE?, COUlITY, fLOP I Oil..
WHEREAS, the Leglslature of the State of florida in Chapter
67-1246, La./s r,f florida, and Chapter 125, florid,) StatlJu~s, has
conferred on Ccllier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection 0: the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Comprehenslve Z~ning Ordinance establishing regulations for the
zoning of parti:~lar geographic divisions of the Ccunty, among which
is the granting of Conditional Uses; and
WHEREAS, t~e Collier County Planning Co~~ission, being the duly
appointed and c)nstituted planning board for the area hereby
affected, has h.~ld a public hearing after not ice as in sa id
regulations mad.! and provided, and has consldered the advisability ot
Conditional Use "1" of Section 2.2.3.3 in an "[" Estates zone foc
reconfiguring the property boundaries of an existing church and [or
addition of bui:dings and parking on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that
satisfactory prclvision and arrangement have been made concerning all
applicable mattE,rs required by said regulations and in accordance
with Subsection 2.7.4.4 of the Land Development Code for the Col:ier
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
havlng considered all matters presented.
1 ~,Al."
NOW, THEREfORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by William L. Hoover, AICP of Hoover Planning
Shoppe and Bea~ Keene, P.E., representing Golden Gate Assembly of God
Church with respect to the property hereinafter described as;
Exhibit "3" which is att.ached h0reto and incnrrfJr;H0d by
rr1fcr':n'.:': h':u:in
be and the sam~ is hereby approved for Conditional Use "1" of Section
2.2.3.3 of :he "E" Estates zoning district for reconfiguring the
property bound~ries of an existing church and for addition of
buildings and parking in accordance with the Conceptua 1 r~aster Plan
(Exhibit "C"i clnd subject to the follo',>'ing conditions:
1. The Planning Services Director may approve minor changes
in th~ 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. 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
artifa:t is found, all development within the minimum area
necess~ry to protect the discovery shall be immediately
stoppe~ and the Collier County Code Enforcement Department
contac:ed.
3. An app=opriate portion of native vegetation shall be
retain0d on site as required in Section 3.9.5.5.4. CCLDC.
4. An exotic vegetation removal, monitoring, and maintenance
(exotic free) plan for the site, with emphasis on areas
of retained native vegetation, shall be submitted to
Current Planning Environmental Staff for review and
appro,ctl prior to final site plan/construction plan
approve,: .
BE IT FURTEER RESOLVED that this Resolution be recorded in the
minutes of this Board.
-2 -
, 5 A 1 ~.
This Reso:ution adopted after motion, second and majority vot0.
Done this ~~____ day of --~~~L-___' 1998.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY'B~B~~~~---
ATTEST:
DWIGHT E. BROCK, Clerk
I ,-
, .I (' :./ .' - ,'/'-1
{J' /~7~~ X;"7"r""( .
Approved as to ~orm and
Legal Sufficien~y:
~,i 0Il.drJld.J4
Marj ie 11. Student
Assistant Count! Attorney
!/CU-91-27 PESOLUT:cn
ltt~;t t~ ,~ (',a\rc;111'S
'":i~~,;~. . ~ .~
-3-
1 3 A 1 ~.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-27
The following facts are found:
1. Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
2. Gr~ntin~J the conditional use will not adversely affect the
public :nterest 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 v No
B. Ingress and egress to property and
thereon with particular reference to
pedestrian safety and convenience,
control, and access in case of fire
Adequate ingress & egress
Yes I./"" No
proposed structures
automotive and
traffic flow and
or catastrophe:
C. 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) (.g\..I_lJ .._~~ be recommend~e
approval
DATE: t.J/J&/9f CHAIRMAN~dd ~
F/CU-97-27 FINDING 0,," FACT CHAIP.MA!//
~
1 3 A 1 ~.
CU-97 -27
Legal Description
.. . . .. . _ ~., ..: ~ i; .-;~~\',
The west 520 feet of Tract 150 and the west 520 feet of the south 150 feet of Tract 149
and exc1udimz the 60 foot easement for 39th Street Southwest right-of-way. Golden Gate
Estates. Unit No. 28. as recorded in Plat Book 7. Pages 19 - 20. of the Public Records of
Collier County. Florida.
EXHIBIT "B-
r ·
I
, r~--t- { ,tT.
!/.
I.t-
I
d!
" Jll.J1j- ! HJ
. !:: !;: ~H r JU
'(d Flh'JJ if:~~
IlJf ilJfi!Ji ;Uii
1 · I
i'n
... r
. I
st I
!! f
II
Ai
: Trr
-L .
I.
,;
i Ii
-,.
....
.,..~
n
:;;~
>
".-
J -.
---J
-'jl
6
-t r~, ,
- r ---l
..._ 1
JI
.'
If
.~
~I
!r u_._ -------- -. .----u-----__.__________...___u
\....
MOl ,.,.,., .001
IU I"
.,
II
If
I"): to,; ! - :. ". (' ,.
~.
~
~-
~ ~I! JJ
~ ~Ji "
j ~r'/f
0... e il .fJ
~ 21i ~
~ ~i! ~J
~ ~il H
....
I"~
~ ~
t:~
>
LJ ~,
* .f
.~
Z P It' I. ~I
~ ,
11
.'
If
II