Resolution 1998-236
13A 2
",SOLUEOII 98- 236
A RESOLUTIOII PROVIDIIIG FOR TilE EST!,8LI:;IIMEIIT
OF CHURCH AND DAY CAPE CEIITF.P. r:ONDITJONAL
USE "7" AilCt "11" ItJ THE "'\" ZvlJING [JISTRICT
PIJP.SUAtlT TO SECTIOtl 2.2.2.3 OF THE COLLIER
COWl,', ~/o.IID DE'IELOPI'IE:;T CaDS FOR PP.OPERT'!
LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH,
PAIIGE 26 EAST, COLLI ER COUtlT'!, FLORI DA.
~HE?EhS, the Legislature of the State of Florida in Chapter
67-1246. La',,;s of Florida, and Chapter 125, Florida Statutes, h~jS
confer:~d en Collier ~ounty th~ p0w~r to eSld~lish, coordinate and
enforce zc~ing and 5~ch bUsi~es5 r~gulations as a~e necessary for the
prot~ctio~ ~~ ~he public: and
WHEREAS, the County pursuant th~r~to lldS adopted ~ Land
Develop~ent Code (Ordinance No. ~1-l02) which includes a
Compr~he~sive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, ~mong which
is th~ gra~ting of Conditional US~5: and
':JHSPE:.t.S, th-e Collier Count:; f'lailning C~,'TI..r,ission, being the duly
appoi~ted a~d constituted planning board for the area hereby
affec:~d, has held a public hearing after notice as in said
regulotl~ns made and provided, and has considered the advisability of
Conditional Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for a
church a:.d day care center on the property hereinafter described, and
has :c';;-,j ,15 d matter of fact (Ezr.ibit "A") that .satisfactory
provisiG~ Jnd arrangement have hee~ made concernlnq all applicable
matters requirea by said regulati~r.s and in accordance with
Subs-ec:ion 2.7.4.4 of :he Land D~ve~opme~t CGde for the Collier
Countf ~lann:ng Commission: and
~~EKEAS, all interested parties have been given opportunity to
be he~rd by this Board in a public ~~~ting a~sembled and the Board
havir.q ccnsidered all matters prese~ted.
r-:m'l', THEREFORE BE IT RESOLVED, 5Y THE BOARD OF ZONING APPEALS of
Collier ':ounty, florida that:
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?Ke petition filed by Dr. Neno ~. Spagna of Florida Urban
Institute, Inc., representing Crossroads Com~munity Church, Inc., with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
--f-.-nY. herein
be and the same is hereby approved for Conditional Use "7" and "]1"
of Section 2.2.2.3 cf the "A" zoning district for a church and day
care center in accordance with the Conceptual Master Plan (Exhibit
"C") and subject to the following conditions:
i.A copy of SFWMD Permit or Early Work ?ermit is ~equ]red
prior to final site plan approval.
2. Work within Collier County right-of-way shall meet the
requirements of Collier County Right-of-Way Ordinance
No. 93-64.
Environmental permitting shall be ir, accordance with the
State of Florida Envirenmental Resource Permit Rules and
be subject to review and approval by Current Planning
Environmental Staff· Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
4. An appropriate portion of native vegetation shall be
retained on site as required in section 3.9.5.5.4. CCLDC.
An exotic vegetation removal, monitoring, and maintenance
(exotic free) plan for the site, with emphasis on areas
of retained nativ~ -,.~-ati~, shall be submitted to
Current Planning En'.'ircnrental St-~ for review and
approval prior to fina' site $1an/ccnstruction plan
approval. '
Substantial competent evidence shall be provided at the
time of Site Development Plan (SDP) Review that the
project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage
shall not be permitted to discharge directly into any
roadway drainage system.
Prior to Site Development Plan Review the petitioner shall
be required to review the site plan with the Office of
Capital Projects with respect to future right-of-way
requirements for Livingston Road and Vanderbilt Beach Road
Extension.
Site-specific issues, such as turn lanes and street
lighting, shall be reviewed and provided for at the site
development plan stage.
Pursuant to Section 2.2.25.8 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 i~ediately
stopped and the Collier County Code Enforcement Department
contacted.
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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 ~-QC~ day of ("~,,~c , 1998.
BOARD OF ZONI~IG APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Fo~m and
Legal Sufficiency:
Marjc~ie £~. Student
Assistant County Attorney
f,'CU- ~-~ .: ES CLUT i ON
Attest .~ t'~ Chairman's
slgnjcure ~nl~.
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FINDING OF FACT
BY
COLLIER COUNTY P~.~A_NNING COMMiSSiON
FOR
A CONDITIONAL USE PETITIOM
FOR
CU-98-4
The following facts are found:
Section 2.2.2.3.7 and 2.2.2.3.11 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 ~'~' ~
n_l~nbc~..~od because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes t.~ No
B. ingress and egress to .~roperty and proposed structur,_.::,
thereon 'with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
con_~ol, and access in case of fire or catastrophe:
Adequate ingre~/& ?gress
Yes No
C Affects neighboring .~.?=~ in ~=]
· $ ........ s -__ation to noise,
glare, eco~..mic or odor effects:
No affect or.. Affect mitigated by
Affect canno~ be mitigated
Do
Compatibility with adjacent properties and other
property in the distri-~:~-
Compatible use wit~ district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (~'~=~) be recommended/z~r
approval
f/C~J-gB-4 Fi:rDiNG CF FACT
EXHIBIT "A"
13/ 2
LEGAL DESCRIPTION
Section 31
Range 26 East
Township 48 South
The Southwest 1/4 of Southwest 1/4 of Southwest 1/4 and the West 1/2 of the West 1/2 of
the Southeast I/4 of the Southwest 1/4 of the Southwest 1/4 Section 31, Township 48
South, Range 26 East, less the South 150' thereof for road right-of-way, Collier County
Florida, containing 10 acres more or less. OR 1499, Page 1345. (Generally
located on the Northeast corner of the Vanderbiit Beach Road Extension and Livingston
Road Extended).
EXHIBIT "B"
IlillllliUilillllil
Naples. F1 34t04
(94t) 403-t780
'T~ ~ o~ ~'.* .fl
Master Plan
Cross Roads
C. orrumum ty Church
L~ Cro~s Roads
Community C~urch
EXHIBIT "C"
13A 2
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-98-4
The following facts are found:
Section 2.2.2.3.7 and 2.2.2.3.11 of the Land Development
Code authorized the conditional use.
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
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 Affect mitigated by
Affect cannot be mitigated
Do
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
approval
DATE:
CHAIRMAN:
EXHIBIT "A"
f/CU-98-4 FIelDING OF FACT CHAXRMAN/