Resolution 1996-192
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APR - 9 1996
RESOLUTION 96--122
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH, CONDITIONAL USE 2, IN THE "RSF-)"
ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50
SOUTH, RANGE 25 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 tor the zoning ot partiCUlar
geographic divisions ot the County, among which 1s the granting of
Conditional Uses; and
WHEREAS, 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 11211 of
Section 2.2.4.3. in an "RSF-31t zone for a church on the property
hereinafter described, and has found as a matter of fact (EX~1ibit "A")
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 Barbara H. Cawley, AICP, of Wilson, Miller,
Barton & Peek, Inc., representing the Naples New Haitian Church of the
Nazarene ~,ith respect to the property hereinafter described as:
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APR - 9 1996
Lot 99, Naples Grove' Truck Co., Little Farm #2, as recorded
in Plat Book 1, Page 27, of the Public Records of Collier
County, Florida.
be and the same Is hereby approved for Conditional Use 2 of Section
2.2.4.3 of the "RSF-3" zoning district tor a church in accordance with
the Conceptual Master Plan (Exhibit "B") and subject to the following
conditions:
1. Arterial level street lighting shall be provided at both
access points prior to the issuance of any Certificates
of Occupancy.
2. The church shall be responsible tor both northbound and
southbound turn lanes from Bayshore Drive into the
property'when requested by Collier County. The
northbound right turn lane may, however, be deferred
until further site-specific traffic analysis indicates
the need for the turn lane is present.
3. The southbound left turn lane should be a requirement of
the buildout development. If further traffic analysis
indicates the need for the left turn lane before the
second phase of development, the second phase should be
dependent upon the turn lane being in place prior to the
issuance of building permits for the second phase. If
the turn lane is not required until buildout, it shall
be required to be in place prior to the issuance at any
Certificate of Occupancy for the second phase.
4. The applicant shall confirm a positive drainage outfall,
and the adequacy thereof, for purposes of project
buildout. Should the drainage outfall require capacity
improvements, the benefiting parties shall incur a fair
share cost of such improvements.
5. Environmental permitting shall be in accordance with the
state of Florida Environmental Resource Permit rules and
be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotics shnll
not be required east ot Constitution Orive unless
required in the wetlands in accordance with SFWMD
permit.
6. Environmental permitting shall be in accordance with the
State of Florida Environmental Resourco Permit Rules and
be subject to review and approval by Current Planning
Environmental Review Staff. Removal ot exotic
vegetation shall be in accordance with the Collier
County Land Development Code.
7. Prior to Final Site Development Plan approval the
Petitioner shall submit a management plan pursuant to
Collier County Land Development COde, Section 3.9.5.3.
8. All conservation areas shall he recorded on the plat
with protective Covenants per or similar to Section
704.06 of the Florida Statues. Conservation areas shall
be dedicated on the plat to the project's owner
entity for ownership and maintenance responsibilities
and to Collier County with no responsibility tor
maintenance.
9. Buffer zones will be placed around wetlands in
accordance with South Florida Water Management District
requirements.
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10. Prior to final Site Development Plan approval the
petitioner shall supply a letter from U.S. Fish and
wildlife Services (USFWS), indicating that the bald
eagle nest which was located to the west of the property
is no longer being used.
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APR - 9 1996
11. The petitioner shall supply an appropriate wildlife
habitat management plan as required by the U.s. Fish and
Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish Commission (FGFWFC) in relation to the bald
eagle nest located to the west of the property, prior to
an approval of any final development order.
12. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan tor the site, with
emphasis on the conservation/preservation areas, shall
be submitted to CUrrent Planning Environmental Review
staff for review and approval prior to final site
plan/construction plan approval. The exotic removal
plan may be phased as approved by Current Planning
Environmental Staft.
13.
Site lighting shall be directed
illuminated in such a manner as
adjacent property owner..
to surface areas to be
not to cause a qlare to
.
14. Security lighting shall be provided on all parking areas
and immediate environs of the building.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Mac'Kie
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Constantine
and upon roll call, the vote was:
NAYS:
AYES: Commissioner Mac'Kie, Commissioner Constantine, Commisaioner Hancock~
Commissioner Matthews and Commissioner Norris
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
9th
day of April
, 1996.
BOARD OF ZONING APPEALS
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,JO C. NORRIS, CHAIRMAN
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BROCK! ~~LERK
AP OVED AS TO FORM AND
LE AL SUFFICIENcY:
1!;1~~iit~~'~'~~t'o~grUL "t
ASSISTANT COUNTY ATTORNEY
CU-96-1 RESOLUTION/16482
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