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Resolution 1996-373 AUG 1 3 1998 RESOLUTION 96--113 A RESOLUTION PROVIDING FOR THE ESTABLISrrnENT OF A CHURCH CONDITIONAL USE "1" 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 4, TOWNSHIP 47 SOUTH, RANGE 29 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 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 Use "1" of Section 2.2.5.3 in an RMF-6 zone for a church 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: ""'.' nrn " '7" AUG , 3 1996 The petition filed by John R. Bosserman representing Bethel Assembly of God, Inc., 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 Use "1" of Section 2.2.5.3 of the RMF-6 zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. At SDP submittal, "Parking Lot Section A" shall be revised as follows: a) Type "s" asphalt shall be indicated. Type II is used only for overlay. b) It shall be verified that 6" compacted shell rock is equivalent to 6" limerock (LBR-I00). c} Stabilized subgrade shall be provided under base. 2. At SDP submittal "Parking Lot Section B" shall be revised to show grass parking space as stabilized subgrade (Reference to "8.12-6-C-2 of Collier County Zoning Ordinance" shall be deleted.) 3. At time of SDP submittal, finish floor elevation shall be at eighteen inches above the adjacent roadway crown elevation or the FIRM elevation, whichever is higher. (not the 100 year elevation) 4. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/ construction plan approval. 5. In addition to fulfilling requirements to upgrade West Main street to current LDC standards, the applicant shall be responsible for any repairs to County- maintained roads adjacent to the site engendered by the applicant's building operations. 6. The applicant shall provide a fair share contribution based on traffic data, if applicable, to the upgrading or installation of traffic signal systems at the following locations: SR 29 at Roberts Avenue SR 29 at West Main street/Eleventh Avenue Extended 7. When required by the Collier County Transportation Services Department the applicant shall provide arterial level street lighting at the project entrance. 8. When required by the Collier County Transportation Services Department (CCTSD), the applicant shall provide both left and right turn lanes at the project entrance on West Main Street. Such turn lanes may not be required for Phase 1; however, the CCTSD reserves the right to monitor the traffic operations related to the site and make said determination at some future time. Ordinance 93-64, Work Within the Right-of-Way, and -2- AUG 1 3 1996 Resohi~ion 92-422, Collier County Access Management Poli=y, set forth the criteria for turn lane decisions. 9. Pursuant to Section 2.2.25.8.1 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 immediately stopped and the Collier County Code Enforcement Department contacted. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Matthews offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call, the vote was: NAYS: AYES: Commissioner Matthews~ Commissioner Hancock~ Commissioner Constantine" Commissioner Mac'KieJ and Commissioner Norris ABSENT AND NOT VOTING: ABSTENTION: Done this day of 13 , 1996. AUQust BOARD OF ZONING APPEALS ro~'" BY:' ~ ~N C. ORRIS, CHAIRMAN ATTEST; DWIGHT E. BROCK, CLERK OVED AS TO, FORM r:. SUFFIC,IllNC,Y': """", ,.'0...... 1It.A~" rn.~ MARJ RIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-96-7 RESOLUTION/17216 AUG t 3 1998 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-7 The fOllowing facts are found: 1. Section 2.2.5.3.1 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 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 D. 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: FINDING OF FACT CHAIRMAN/17220 EXHIBIT "A" ~OOK 000 PlC.[ 174 ;+ AUG 1 3 1996 THE WESl 1/2 OF lHE NORTHWESl 1/. OF NORTHWEST 1/. OF THE SOUTHWEST 1/. LESS lHE NORTH 30 FEEl SECTION ., TOWNSHIP .7 SOUlH, RANGE 29 EAST. COLLIER COLIN fr, flORIDA. aDDK 000 PW 175 EXHIBIT "B" ~ '\' !! ~ -. , . ~. '. .1; .... ", -'. ~ ~ ., Of.: . . , . ~ ", ~~'f;. , ~ .~ , ''''', ;; c:-,.". ".s'..r. N "r_. ..~"C...tMI <,.' - I J 11(", sJ - - ----- ... L 3"Co' ,.... ( "Ii .l"' l .......r.. )":'~7 (', "/'- '~'. .. . . 't., . : '.li.r ',' .:.~;.., . . . , "- .............. \ .... \ '-~ '^ '0.'). \. " .. ~ . , < ~ . :;w ~. ~;... v I :~ --- I " .. "' . ~~ " ... "'~ ! ~ .. 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