Resolution 1996-293
JUN 1 8 1996
RESOLUTION 96- 293
RELATING TO PETITION NO. CU-95-1 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legielature of the state of Florida in Chapter 125,
Florida Statute., hae conferred on all Countiee in Florida the power to
establish, coordinate and enforce zoning and such businese 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 establishes comprehensive
zoning regulations for the zoning of particular divisions of the
County, among which is the granting and extending the time period of
.
Conditional Uses; and
WHEREAS, on June 13, 1995, the Board of Zoning Appeals enacted
Resolution No. 95-361, which granted a conditional use pursuant to
Ordinance No. 91-102, for a church, school and other church related
structures, on the below described property; and
WHEREAS, SUbsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use which has not been commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The written request of Dr. Neno J. Spagna, AICP of Florida Urban
Institute, Inc., representing Southern Conference Association of the
Seventh Day Adventist for the first of three (3) permitted one (1) year
extensions, in interest of the following described property:
See attached legal description
Exhibit "A"
is hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 95-361, attached hereto and incorporated herein as
Exhibit "8", and all conditions applicable thereto, is extended hereby
for one year until June 13, 1997.
~OOK
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OOOmc117
JUN 1 8 1996
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension i. granted.
Commissioner Matthews
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac'K!,:.
, and upon roll call, the vote was:
AYES: Commissioner Matthews, Commissioner Mac'Kie, Commissioner Hancock~
Commissioner Constantine and Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
18th
June
, 1996.
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APPiWVE;D"Mi'T<lcFORH AND LEGAL
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k'" dn ~
IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~
~ C. NORRIS, CHAIRMAN
SUFFICIENCY:
C.U. EXTENSION RESOLUTION/1740B
lOOK 000 Pl,! 118
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JUN 1 8 1996
RESOLUTION 95-361
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USES "7" AND "10" IN THE "A"
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50
SOUTH, RANGE 26 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 Comprehe~ive
Zoning Ordinance establishing regulations for the zoning of particUlar
geographic divisions of the County, among which is 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 Uses "7"
and 1110" of Section 2.2.2.3 in an "An zone for a church, school and
other church related structures on the property hereinafter described,
and has found as a matter of fact (EXhibit "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:
!ODK 000 Pl',[ 120
JUN I 8 1996
The petition filed by Dr. Neno J. Spagna of Florida Urban
Institute, Inc., representing Southeastern Conference Association of
the Seventh Day Adventist, with respect to the property hereinafter
described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Uses "7" and "10" of
Section 2.2.2.3 of the "A" zoning district for a church, school and
other church related structures in accordance with the Conceptual
Master Plan (Exhibit "CO) and subject to the following conditions:
a. The Planning & Technical Services Manager may approve
minor changes in the 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).
b. This project shall be subject to site Development Plan
(SOP) approval in accordance with Division 3.3 of the
Collier County Land Development Code.
c. This project shall be required to meet all County
ordinances in effect at the time final construction
documents are submitted for development approval.
d. This project shall be designed in accordance with South
Florida Water Management District rules for water
quality.
e. The use of grassed surfaces, with a stabilized subgrade,
shall be limited to the parking spaces. All parking
aisles shall be paved. The stormwater calculations
shall consider all of the parking areas as impervious
surfaces.
g. Prior to final Site Development Plan approval, the
petitioner shall submit copies of all agency wetland
permits (USACOE, SFWMD, FDEP) and mitigation schedules.
h. The County-maintained portion of Sabal Palm Road ends
about 1/4 mile to the west of this property. The
Petitioner shall, prior to issuance of a Certificate of
Compliance, dedicate to the County that portion of Sabal
Palm Road extending eastward to the property's easterly
boundary. Said road extension shall be improved
according to County technical standards for roadway
improvements.
i. The road impact fees shall be calculated as a mixed-use
development as defined in Ordinance 92-22, as amended.
~OOK 000 m 121
JUN 1 8 1996
j.
Adequate street lighting shall be provided at the
project entrance prior to the issuance of a certificate
of Compliance.
This project shall be subject to a fair share
contribution toward a traffic signal system (new or
upgraded) for any of the following intersections if
deemed warranted by the County.
1. Sabal Palm Drive and CR 951
2. Lely Cultural Parkway and CR 951'
3. Rattlesnake Hammock Drive and CR 951'
4. Grand Lely drive and CR 951'
, Fair share costs are related only to future signal
system intorconnection.
k.
1. If lighting is provided for any of the proposed outdoor
recreational areas and facilities, it shall be shielded
to prevent light from glaring onto the adjacent
properties.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Constantine
offered the foregoing .
Resolution and moved for its adoption, seconded by Commissioner
r-Iac'Kie
and upon roll call, the vote was:
AYES: Commissioner Constantine, Commissioner MaclKie, Commissioner Norris,
Commissioner Hancock, Commissioner Matthews
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTION:
Done this
day of
13th
June
, 1995.
BOARD OF ZONIllG APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK;, 'CLERK
By: 'r'~.4 'rAP.rL
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
- ~'1 A (,)J), JJcu.ft..~tL
MARJ, RIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-95-1 RESOLUTION/lgk/13694
~oo~ 000 PI" 122
JUN 1 8 1996
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-95-l
.
The following facts are found:
1. Sections 2.2.2.3.7 and 2.2.2.3.10 of the Land Devlopment
Code authorized the conditional use.
2. 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 1'-/ 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 ingr~~ egress
Yes NQ.
C. Affects neighboring properties in relation to
noise, g~re, 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 c~nal use should,
with stipulations, (copy attached) ~not) be
~ecommended for approval .
DATE' </1'1/''; <''''''''''1-4' !/-h/
FINDING OF FACT CHAIRMAN/md/2/8/89
EXHIBIT "A"
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JUN 1 8 1996
West 330 feet of the East 1/2 of the Southwest 1/4 of the
Southwest 1/4, Section 24. Township 50 South, Range 25 East,
Collier County, Florida.
.
&DDK 000 PA',~ 124
EXHIBIT "B"
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