Resolution 1997-079
FEB 1 1 1997
RESOLUTION 97---29
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH CONDITIONAL USE 2 IN THE RMF-6
ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50
SOUTH, PANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature ot the State of Florida in Chapter
67-1246, Laws ot Florida, and Chapter 125, Florida statutes, has
conterrGd on Collier County the power to establish, coordinate and
entorce zoning and such business requlations as are necessary tor the
protection at the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Cade (Ordinance No. 91-102) which includes a Comprehensive
Zoning Ordinance establishing requlations tor the zoning ot partiCUlar
,
qeoqraphic divisions ot the County, among which is the qrantinq ot
,
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board tor the area hereby aftected,
has held a public hearing atter notice as in said requlations made and
provided, and has considered the advisability ot Conditional Use 2 at
Section 2.2.5.3 in an RMF-6 zone tor a church on the property
hereinatter described, and has found as a matter ot tact (Exhibit "AW)
that satisfactory provision and arrangement have been made concerning
all applicable matters required by said requlations and in accordance
with SUbsection 2.7.4.4 of the Land Development Code tor the Collier
County Planninq 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 ot
Collier County, Florida that:
The petition filed by William L. Hoover, AICP, ot Hoover Planning
Shoppe and Beau Keene, P.E. ot Bruce Green' Associates representing
Ferril A. Boutilier with respect to the property hereinafter described
as:
Late 8 and 9, Block A, Guiltord Acres, as recorded in Plat
Book 3, Page 59, ot the Public Records ot Collier County,
Florida.
be and the same i. hereby approved tor Conditional Use 2 ot Section
2.2.5.3 ot the RMF-6 zoning district tor a church in accordance with
the Conceptual Master Plan (Exhibit "B") and subject to the tollowing
conditions:
Exhibit "C" which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainute. ot this Board.
Commissioner , Mac'Kie
ottered the foregoing
i
Resolution and moved for its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
AYES: Commissioner Mac'Kie, Commissioner Norris, Commissioner Constantine,
Commissioner Berry, and Commissioner Hancock
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
//
day ot
BY:
T
CHAIRMAN
'.
CU-96-23 RESOLUTION/1B733
Ce,
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-23
FEB t 11997
The tOllowing tacts are tound:
1. Section 2.2.5.3.2. ot the Land Devlopment Code
authorized the conditional use.
,
2. Granting the conditional use will not adversely attect
the publIc interest and will not adversely affect other
property cor uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Management Pl~:
Yes l/ No
B. Ingress and egress to property and proposed
structures thereon with particular reterence to
automotive and pedestrian safety and convenience,
trattic flow and control, and access in case of
fire or catastrophe:
Adequate ingresy & egress
Yes .lL.- No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
I / 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 L/' No
Based on the above findings, this conditional use should,
with stipUlations, (copy attached) (' . - ~ be a
recommended for approval .
DATE: JI/I, /97 CHAI'ioo:'ti; &.;.- '/t't/(l;J ~t..~
I ,
FINDING OF FACT CHAIRMAN/IS?36
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Exhibit "B"
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FEB 1 11997
AGREEMENT
I, William L. Hoover, as authorized agent tor Petition
CU-96-23, agree to the tollowing stipulations requested by the
Collier County Planning Commission in their public hearing on
January 16, 1997.
Plannina Services:
a. The CUrrent Planning Manager, may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements au~horized by the
conditional use. Expansion at the uses identitied and
approved within this conditional use application, or
major' changes to the site plan submitted aa part ot
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 (91-102).
b. Prior to final site Development Plan approval the
preserve area shall be recorded as
conservation/preservation tracts or easements dedicated
to an approved entity or to Collier County with no
responsibility for maintenance and subject to the uses
and limitations similar to or as per Florida Statutes
Section 704.06.
c. SUbstantial competent evidence shall be provided by the
developer to the effect 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.
d. The applicant shall be responsible for the installation
of arterial level street lighting at all projects
entrances. Any such lighting shall be shielded such
that there shall be no spill-over or glare on adjacent
residential properties.
e. Road Impact Fees shall be paid in accordance with
Ordinance 92-22, as amended, and shall be paid at the
time building permits are issued.
f. The petitioner shall be responsible tor a tair share
contribution toward intersection improvements at US 41
East/Guilford Road.
EXHIBIT "C"
-1-
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.
FEB 1 11997
State of Florida
County of Collier
PETITIONER OR AGENT
The foreqoing Agreement Sheet was acknowledged before me
this day of , I997 by
who i. peraonally known to me or who hag produced
as identification and who did (did not)
take an oath.
(Signature of Notary Public)
NOTARY PUBLIC
NOTARY PUBLIC
Commission #
My Commission Expires:
- ~~~R~
State of Florida
County of Collier
The foreqoinq A~~ement Sheet was acknowledged betore me
this ~ day at ~ 6.6kt 1997 by M1&;bel A,. OsviA ,
who i. personally wn to .. 8. -.Ata ka. ....."...
ae i~afttilicati.R and who ~ (did not)
take an oath. ~ k- ~
(Signature of Notary Public)
NOTARY PUBLIC
Commission # (23;01'1 S I ~ /a
My Co~mission Exp reel
. '.~:IA. ,,10'f.1;~Y'... ~
Ct:CI1.lA r.. MARTIN
NOTARY PUULlC S1'Ai'E OF FtORIDA
COMMISSION NO, CC4S1612
COMMISSION EXP, AI'll71 999
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