Resolution 1997-060
RESOLUTION 97- 60
RELATING TO PETITION NO. CU-95-18 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HERBIXAPTER DESCRIBED IN COLLIER COtJN'l'Y,
PLOJUDA
WBBRBAS, the Leqislature of the state of Florida in Chapter 125, '1..
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l'lorida Statutes, has conferred on all Counties in Florida the power to . ;.:
..tabliab, coordinate and enforce zoning and such business regulations
.. are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Developaent Code (ordinance No. 91-102) which establishes c~rabenaive
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soninq regulations for the zoning of partiCUlar divisions of the
County, ..ong which is the granting and extending the ti_ period of
COnditional Uses; and
MHBREAS, on January 23, 1996, the Board of Zoning Appeals enacted
Raeolution Ho. 96-28, which granted a conditional use pursuant to
ordinance No. 91-102, as amended expansion of an existing church and
child care center, on the herein described property; and
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WHEREAS, Subsection 2.7.4.5 of the Land Developafmt Code providea
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use which has not been c~cedl
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeal. of
COllier County, Florida that:
The written request of Jack Gilliland, Architect of Gilliland
Associates representing Naples First Alliance Church for the first of
three (3) permitted one (1) year extensions, in interest of the
following described property:
The West 1/2 of the West 1/2 of Lots 25 and 26 and the West
40 feet of the West 1/2 of the East 1/2 of the West 1/2 of
Lots 25 and 26, Naples Groves and Truck Co'. Little Faras NO.
2 according to the Plat thereof recorded in Plat Book 1, Page
27, Public Records ot Collier County, Florida, les. the West
30 teet and the North 30 teet and the South 260 teet ot the
betore mentioned property, and les. the Southerly 23 teet ot
the above described parcel.
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JAN 2 f 1997
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i. hereby approved pursuant to Subsection 2.7.4.5 of the Land
Developaent Code (ordinance No. 91-102), and the expiration date for
Resolution No. 96-28, attached hereto and incorporated herein a.
Exhibit "A", and all conditions applicable thereto, is extended hereby
for one year until January 23, 1998.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutes of this Board and in the records ot the Petition for which the
extension is granted.
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Thi. Resolution adodpted atter motion, second and aajority vote.
day ot 5h /Y-
V'
BOARD OF ZONING .APPEALS
COLLIER COUNTY, FLORIDA
BY,~atAI....
Done this
.:1,/
, 1997.
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,:..' WiGHT' E.~sRoa:i.. CLERK
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, 1IARJ---oRlE"1i: STUDENT
ASSISTANT COUNTY" ATTORNEY
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CU-95-18 EXTENSION RESOLUTION/19116
RESOLUTION 96--l!
A RESOLUTION PROVIDING FOR THE ESTABLISBKEHT
OF CONDITIONAL USES "2" AND "4" FOR A CHURCH
AND DAY CARE CENTER CONDITIONAL USE I1C 'fIlE RSF
ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPHEMT CODE FOR
PROPERTY LOCATED IN SECTION 2, TOWMSBIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
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1fBEREAS" the Legislature ot the State ot Florida in Chapter
'7-124', Laws ot Florida, and Chapter 125, Florida Statut.., has
conferred on Collier County the power to establish, coordinate and
entorce zoning and such business regulations as are necessary for the
protection ot the public; and
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WHEREAS, the County pursuant thereto has adopted a Land
. Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing regulations tor the zoning ot particular
qeoqraphic divisions of the County, among which is the granting ot
Conditional Uses; and
WHEREAS, the Collier County Planning Commis.ion, being the duly
appointed and constituted planning board tor the area~hereby aftected,
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has held a public hearing after notice as in said regulations aade and
provided, and has considered the advisability of Conditional Uses "2"
and "4" ot Section 2.2.4.3 in an RSF zone tor a church, and related
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aulti-purpose/fellowship hall, and day care center on the property
hereinafter described, and has found as a matter ot tact (Exhibit "An)
that satistactory provision and arrangement have been aade concerning
all applicable matters required by said regulations and in accordance
with SUbsection 2.7.4.4 ot 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.
IfOW, THEREFORE BE :IT RESOLVED, BY THE BOARD OF ZOlfXKG APPEALS of
Co11ier county, Florida that:
The petition filed by Jack Gilliland, Architect of Gilliland
Associat.. representing First Allianca ~hurch with re~ to the
~o_LJ: herelnatter ducribed as:
,The West 1/2 of West 1/2 of Lot 25 and 215 and ...t 40 feet of
...t 1/2 of East 1/2 of West 1/2 of Lot 25 and 215, "aples
G1vV.s and Truck Co's Little Faras No. 2 according to plat in
Plat Book 1, Page 27, Public Records of Collier County,
Florida, less the West 30 feet and the North 30 fe.t and the
South 2150 teet of the before .entioned property, and l..s the
SOUtherly 23 feet of the above describad parcel.
be and the SlUlle is hereby approved for Conditional Use -2- and -3- of
,Sec:t:ion 2.2.4.3 of the RSF zoning dhtrict for a church and. school in
accordance with the conceptual Master Plan (Exhibit -C-) and subject to
.the tollowing conditions:
a.
The Planning , Technical Services Manager '..y approve
.inor change. in the location, siting, or height of
buildings, structures, and improve..nts authorized by
the conditional u.e. Expansion of the uses identified
and approved within this conditional use epplication, or
major changes to the site plan su~ittad as part of this
application, shall require the su~ittal of a new
conditional u.e application, and shall co.ply with all
applicable County ordinances in effect at the ti.e of
submittal, including Division 3.3, Site Develo~ent Plan
Review and approval, of the Collier County Land
Development Code (Ordinance No. 91-102).
This approval does not constitute an approv_l of the
conceptual site development plan and shall not be
interpreted to .ean that the number of parking spaces is
the number of parking space. required for the land use
activities generally displayed by the Conceptual Site
Development Plan. The extent to which the land use
activities herein requested, and their intensity of use
may be achieved will be a function of coaplting with all
of the requirements of the Land Develop.ent Code. The.e
requirements will be applied when application is made
for site Development Plan approval, except that the day
care center shall not ~e designed to accommodate in
excess of fifty (50) children which shall govern its
.aximum enrollment at any time without foraal amandaant
to this conditional u.e.
b.
c.
Adequate turning radii for buses and delivery vehicles
shall be made at project entrances prior to the issuance
of a building permit for the first phase of
construction. Said turning radii shall be designed and
construction plans submitted in conjunction with an
application for site Development Plan approval.
Arterial leval street lilhting shall be installed at
each project entrance pr or to receipt of e Certificate
of Occupancy for any of the phased devalopaent.
parking lot light standards shall be installed in such a
..nner to prevent glare that WQlIld aanate froa said
standards and that _ld aUect adjoining r..ident:lally
zoned property. Thle shall be lJapl_ted for any new
light standards added or replaced at tha tt.e
lJaprovementa ar.. persitted.
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e.
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JAM 2 1 1997
BE IT FURTHER RESOLVED that thb Resolution be recorded in the
. ainutes ot thb Board.
co.aissioner
Hancock
offered the for89oing
bsolution end .oved for its adoption, seconded by c:o..i.sioner
...tth.V8
and upon roll call, the vote ".a:
Co..issioner Hancock, Commi..ioner Matthev., Coeei..ioner "aC'Kie~
and cosai..ioner Horrl.
AYDI
BYSI
'IBIIIT AND ROT VOTING: Cosal..ioner Constantine
U.....~..lOlfI
., Done thla
23
day of
January
. 1996.
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DWIGBT E. BJtOCJ;, c::LERJ:
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;. i.P~ AS.it FORM AND
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liiitiotIE H. STUDENT
ASSISTANT COtINTY ATTORNEY
CU-9S-18 RESOLUTION/15595
BOARD or ZONING APPEALS
COLLI~A
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BY: ;'. ~-c"'-
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMHISSION
FOR
A CONDITIONAL US! PETITION
FOR
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 reterence to
automotive and pedestrian satety and convenience,
trattic tlow and control, and access in case ot
tire or catastrophe:
Adequate ingress , egress
Yes 'X No
c. Attects neighboring properties in relation to
noise, glare, economic or odor ettects:
~ No attect or Attect mitigated by
Attect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible use within di.trict
Yes)\ No
Based on the above tindings, thi. conditional l1IIe should,
. with stipulations, (copy at;\!':h-!), ~ld~) be
reco.aended tor approval ~I~\_ .
DATE:J ').\~ ~~ . 1mmU:~.p
~DfG OF FACT ImmER/md
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