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Resolution 1996-487 , ..... , OCT 2 2 199, RESOLUTION 96-~7 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND CHURCH FACILITIES CONDITIONAL USE 10 IN THE C-1/T ZONING DISTRICT PURSUANT TO SECTION 2.2.12.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State ~f 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 "101t of Section 2.2.12.3 in a C-l/T zone for a church and church facilities on the property hereinafter described, and has found as a matter of fact (Exhibit nAn) that satisfactory provision and arr3ngement 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: -1- I ..... , OCT 2 2 1996 The petition filed by Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing The Church on the Rock with respect to the property hereinafter described as: Exhibit I1B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "10" of Sectlon 2.2.12.3 of the C-1/T zoning district for a church and church facilities in accordance with the Conceptual Master Plan (EXhibit "C") and subject to the following conditions: Exhibit "Oil which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Hancock offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call, the vote was: AYES: Commissioner Hancock, Commissioner Mac'Kie, Commissioner Constantine, Commissioner Matthews, and Commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of 22 October , 1996. BOARD OF ZONING APPEALS ::~ZOUN:', F::~ N C.~RRIS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK 1".1:---- ~~ 0~. APP OVED ~s TO'FORM AND LEGAL SUFFICIENCY: 7N. ';i -w....))1 ,J:[',,-6. de. HARJO IE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-96-15 RESOLUTION/1B062 -2- . . '. 13A ;> FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-15 The following facts are found: 1. Section 2.2.12.3.10 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 Pla~ Yes -...L-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 ingre~ egr.ess Yes No C. Affects n hboring properties in relation to noise, are, 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~trict Yes ......L-- No Based on the above findings, this co tional with stipulations, (copy attached) shou recommended for approval DATE: )() /", If t ( . CHAIRMAN: ~ II /4 FINDING OF FACT CHAIRMAN/18065 Exhibit uAu . . .. 13A 2 Legal Description of Property on Which the Subject Lease is Located, As Furnished by Client From the Southeast comer of Section 10, Township 49 South, Range 25 East, Comer County, Florida, run Westerly along the South tine of said Section 10, for 1,300.00 feet to the Point of B~dWlg: thence run Northerly paraDel 'With the East line of Said Section 10,Jor 850.00 feet: thence Wegterly, patanel with the South line of said Section 10, for 245.00 feet: thence Southerly: paraDel with the Ea.~t line of said Section 10, for 850.00 feet to the South line of said Section 10: thence Easterly, along said South line, for 24S.00 feet to the Point of Beginning. Less and except S.R. S-31 Right-of-Way. .. .. Exhibit "B" .. PINi RIDCE ROAD tIC'" ",.;c _ -1!'j-t'U.'!"'"-~ - ~ ,r.a-".r-- - - - - - - - - -- ~ "''''~''C ....~c~ " ~--- ,. -.. ~ r o G'\ -t o ~ r\i .. ~ C- \) fi1 o ~ 0-< Z--t -{:1: :cc;n ~Q N~ (J ~ Q Q -:r:. '" I .. :. I " : 6 13A 2 ............... ~.::at-_. ~ I :. . . ~ l "h '::i 0, ~ II ~ . ~ -. .... ~. 1. ;' . .. ..... . ~ , 1 'I: ~ . .......... I .t)lH'" l"'!I,' l. . .11;'.,1 , jl' d t .I'H I \,; \ t :, I '- .. . !X ~VJ I~ :. r=) .... ~~.f) u - -t ~ ~ Iz '. j;'ppl'n~ it,h!'I~r 1 '!'Jr'l~Jt ( I q dl ~Ul!'!U! · ~p~",prd [11(( ..~., ~'!r~qll{i rit,'hl . ~ I 'I 'I · ( q ii" r Exhibit "e" j . . .. 13A 2 AGREEMENT I, Dr. Nino Spaqna, as authorized agent for Petition CU-96-15, agree to the following stipulations requested by the Collier County planning C01IDIlission in their public hearing '.In October 3, 1996. Plannina Services: a. The CUrrent Planning 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 Jllajor 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 (91-102). -1- .. .. . ' 13A 2 PETI~IONER OR AGEN~ state of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC NO~ARY PUBLIC conunission # My Commission Expires: ~ -<<If ~~ REP S i1'ATIVE FOR cCI'C . . ... state of Florida County of Collier The foregoing }~greem.f,nt Sheet was aCknoW,ledged before me this~ day of ~~lLJJ, 1996 by who is personally known to me ~o has prgcl\1c~c1 __ as;. identificatioft- and who d.W- (did not) 6ke an oath. n_ :.n.~ \ l~ ~ ,1J P\~ ~ Notary Pub,ltol ~,'1/~ ~ rvJ~r-+I' VL NOTARY PUBLIC r-o' "....,.-,,-.--- ,"',( "\.,I'WTAl;:Y ~f,\1 , .. .e;.\'.~:.!/\ ~~ \!t,f:rL\; ~ Commission 1,\::rr,\~\' ;"",111',' ~:"', " i)'f n ()NID A My Commissi n 'reirt ~l), C~4)1"12 .\n ~I:;~,!()~ l:':</', APK, 27,1999 EXHIBIT "0" -2-