Resolution 1996-581
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RESOLUTION 96-~1
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH WITH RELATED FACILITIES AND CHILD
CARE CENTER CONDITIONAL USES "I" AND "3" IN
THE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 8, 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 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
appoin~ed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations aade and
provided, and has considered the advisability of Conditional Use8 "I"
and "3" of section 2.2.3.3. in an "E" Estates zone for a church with
related facilities and child care center on the property hereinafter
described, and has found as a matter of fact (EXhibit "A") that
satisfactory provision and arrangement have been made concerninq 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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The petition filed by William L. Hoover, ArCp of Hoover Planning
Shoppe and Beau Keene, P.E. of Keene Engineering representing MaYflower
Congregational United Church of Christ with respect to the property
hereinafter described as:
S 1/2 of the N 1/2 of the SW 1/4 of the SW 1/4 less right-of-
way in Section 8, Township 50 South, Range 26 East, Collier
County, Florida.
be and the same is hereby approved for Conditional Uses "1" and "3" Of
Section 2.2.3.3. of the "E" Estates zoning district for a church with
related facilities and child care center in accordance with the
Conceptual Master Plan (Exhibit "B") 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 uses. 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
submi ttal.
b. A six (6) foot high concrete fence, finished in a tan or
light to medium brown color, shall be constructed along
the north and south property lines adjacent to all
automobile parking areas. Such concrete fence shall be
timed for construction with the establishment of the
automobile parking areas.
c. All elevated lighting fixture specifications shall
provide for directing illumination to the surface of the
parking lot only with shielding to ensure that there is
no horizontal illumination on the adjacent property.
d. Arterial level street lighting shall be provided at the
project's entrance at the time said entrance is
constructed. If the project is built after the
four-Ianing of County Barn Road, this requirement shall
be waived.
e. The church may defer providing a southbound right-turn
lane and northbound left-turn lane along County Barn
Road into the site until County Barn Road is 4-laned if
the following are met by the church:
1.
The child care facility shall not be operated
during the weekdays until such turn lanes are
provided.
No regularly scheduled church activiites shall
occur during the Weekday A.M. Peak Hours (7:00 _
9:00 A.M.) and P.M. Peak Hours (4:00 - 6:00 P.M.)
until such turn lanes are provided.
Neither the Phase I-B and/or Phase 2 expansions
shall be constructed until such turn lanes are
provided.
If requested by Collier County, an off-duty
Sheriff's Deputy shall be hired by the church (at
the church'. expense) to direct traffic at the
intersection of the project's access road and
County Barn Road.
2.
3.
4.
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5. The church agrees to provide such turn lanes prior
to the 4-1an1ng of County Barn Road if Collier
County determines that an operational or safety
concern requires one or both turn lanes to be
provided.
f. Under the four-lane condition, the County
maintenance complex may be served by a full median
opening. The church may opt to have access to this
median opening. Any modifications to the present
design necessary to accommodate the church shall be
at the Church's expense. Nothing in any approval
for the church shall operate to vest any right in a
median opening at this location. The County
reserves the right to modify the median, including
closure, as determined by operating and safety
conditions. Turn lane designs, under two-lane or
four-lane conditions, shall be based on a 50 MPH
speed. In addition compensating right-of-way shall
be provided. The turn lanes shall be located such
that the left turn lane is confined to the frontage
of the development.
g. The church shall be required to pay road impact
fees in accordance with the schedule set forth in
Ordinance 92-22, as amended. Said impact fees
shall be paid at the time of issuance of a building
permit.
h.
The petitioner shall provide substantial competent
evidence that the project will accommodate existing
sheet flow runoff in the project's water management
system.
1.
Right-of-way for the widening of County Barn Road
shall be provided in accordance with the
requirements shown on the roadway construction
plans when requested by Collier County. The value
of the right-of-way shall be determined at fair
market value as of the date of approval and shall
be paid in the form of road impact fee credits.
j. Permits or letters of exemption from the U.S. Army
Corps of Engineers (ACOE) and the South Florida
Water Management District (SFWMD) shall be
presented prior to Final site Development Plan
Approval.
k.
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 exotic vegetation shall not be counted
towards mitigation for impacts to Collier County
jurisdictional wetlands.
1. An appropriate portion of the native vegetation
shall be retained on site as required in Section
3.9.5.5.4, CCLDC, as amended.
m.
All conservation areas shall be recorded as
conservation/preservation tracts or easements
dedicated to an approved entity or to Collier
County with no responsibility for maintenance and
subject to the uses and limitations similar to or
as per Florida Statutes Section 704.06.
n. Buffers shall be provided around wetlands,
extending at least fifteen (15) feet landward from
the edge of the wetland preserves in all places and
average twenty-five (25) feet from the landward
edge of wetlands, at the time of Site Development
Plan approval.
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o. An exotic vegetation removal, monitoring, and
maintenance (exotic-free) plan for 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 planl
construction plan approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
commissioner
Constantine
offered the foregoin~
Resolution and moved for its adoption, seconded by commissioner
Hancock
and upon roll call, the vote was:
AYES: Commissonec Constantine, commissioner nancock, Commissioner Mac'Kie,
Commissioner Berry and Commissioner Norcis
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
, 1996.
10th
December
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)\.TTEST:
pWIGHT E. BROCK, CLERK
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BY:
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.APP OVED AS' TO . .fORM AND
LEGAL SUFFICIENCY:
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~. STUDENT
ASSrSTANT COUNTY ATTORNEY
CU-96-17 RESOLUTION/18347
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