Resolution 1996-487
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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
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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:
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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
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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
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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:
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CHAIRMAN: ~ II /4
FINDING OF FACT CHAIRMAN/18065
Exhibit uAu
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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.
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Exhibit "B"
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Exhibit "e"
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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).
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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:
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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
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NOTARY PUBLIC r-o' "....,.-,,-.---
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Commission 1,\::rr,\~\' ;"",111',' ~:"', " i)'f n ()NID A
My Commissi n 'reirt ~l), C~4)1"12
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EXHIBIT "0"
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