Resolution 1995-048
13 B I
13B 1.
RESOLUTION 95-~
RELATING TO PETITION NO. CU-93-17 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida 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 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 January 25, 1994, the Board of Zoning Appeals enacted
Resolution No. 94-35, which granted a conditional use pursuant to
Ordinance No. 91-102, for Faith Bible Church of Naples, Inc., 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 (I) 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 Cullen Z. Walker, representing Faith Bible
Church of Naples, Inc., for the first of three (3) permit~ed one (1)
year extensions, in interest of the following described property:
Tract 19 and the westerly 47.05 feet of Tract 20, Golden Gate
Estates Unit 97, as recorded in Plat Book 7, Pages 95 and 96,
of the Public Records of Collier County, Florida.
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. 94-35, attached hereto and incorporated herein as
Exhibit "A", and all conditions applicable thereto, is extended hereby
for one year until January 25, 1996.
13B 1
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 is granted.
commissioner Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
AYES:
, and upon roll call, the vote was:
COmmissioner COnstantine, Commissioner HanCock, commissioner Norris,
Commissioner Mac'Kie and Commissioner Matthews
None
U""n,-.t'V"''It-
NAYS:
ABSENT AND NOT VOTING:
None
ABSTENTION:
Done this
day of
January
, 1995.
10th
,,'
BY:
, CHAIRMAN
ATTEST:
DWIGHT E. BROCK;' CLERK
A;,.. ,J:;, /I',~ .J.~"7/~.:( KP. <Z-
~ T'
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
'1Yld ~ 1/.. YI1 Iltn d ~-td:
HARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-17 EXTENSION RESOLUTION/lgk/13123
.,
RESOLUTION 94-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CHURCH AND OTHER PLACE OF WORSHIP CONDITIONAL USE
IN THE E ZONING DISTRICT PURSUANT TO SECTION
2.2.3.3.1. OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP
48 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
,ffiEREAS, 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 2.2.3.3. in an "E" zone for a
church and other place of worship on the property hereinafter
described, and has found as a matter of fact (Exhibit "All) that
satisfactory provision and arrangement has 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:
..
-
Exhibit "A"
The petition filed by Debora Allen Gress of Progressive 1.., ~ 1.
Engineering representing Faith Bible Church of Naples, Inc. with~
respect to the property hereinafter described as:
Tract 19 and the westerly 47.05 feet of Tract 20 Golden Gate
Estates Unit 97, as recorded in Plat Book 7, Pages 95 and 96
of the Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "111 of
section 2.2.3.3. of the "Ell zoning district for a church and other
place of worship in accordance with the conceptual Master Plan
(Exhibit "B") and subject to the following conditions:
1. 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 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).
2. A "BI! type buffer shall be provided along the east
property line in accordance with Sub-Sections 2.4.7.2 and
2.4.7.4 of the LoC.
3. An 'IA" type buffer shall be provided along the west side
of site.
4. Areas to be preserved shall be placed under separate
easement with protective covenants. Prior to SOP
approval, petitioner shall identify and label these
easements on the site plan. Protective covenants shall
be described and submitted under separate instrument
prior to final SOP approval.
5. The fifty-foot strip of land fronting Immokalee Road,
(shown on the plan as future additional right-of-way)
shall be donated to the County prior to the issuance of
any building permit for the site. This donation will be
eligible for impact fee credits in accordance with
Ordinance 92-22 as amended.
6. Arterial level street lighting shall be provided at the
Immokalee Road entrance to the project.
7. The petitioner shall be required to provide a fair share
contribution toward the installation of traffic signals
or other intersection traffic control improvements at the
intersection of Immokalee Road and Oaks Boulevard.
8. Turn lanes shall be required in accordance with Ordinance
93-64 as a condition of site Plan Approval.
9. The County may constrain or close any median openings on
C.R. 846 based on traffic operational conditions and
limit the access to right-in, right-out only.
10. The petitioner shall upgrade Twenty-Fourth Avenue N.W. to
county standards from the entrance to the site eastwards
to Oaks Boulevard.
-2-
BE IT FURTHER RESOLVED that this Resolution be recorded
minutes of this Board.
1.},B 1.
....
l'latthe....s
offered the foregoing
commissioner
Resolution and moved for its adoption, seconded by commissioner
Voloe
and upon roll call, the vote was:
NAYS:
AYES: Commissionec t1atthews, Commissionec Volpe, Commissionec Noct:'is,
Commissionec Saunclet:'s and Commisslonec Contantinc
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
?'It-h day of
.1.=ln11.=l'-Y
, 1994.
BOARD OF ~Ol!IllG APPEALS
COLLIEr< COUlITY, FLOR}qA
( , ~ / ~
BY':. ~;(,- "I /iYIi~~ ,,.L:
TI THY ~~O~TANTINE' CHAIru~l
ATTEST:
DWIGHT E. BROCK, CLERK
'~'f:/HU/~~2J~-
y - ~
APPR VED AS TO FORM AND
LEGAL SUFFICIENCY:
IrV1.'1~t.<.l.- --;r:n. {lD L .l..La:L
HARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-17 RESOLUTION
rnh/10729
-3-