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Resolution 1994-035 . ,. JANUARY 25, 1994 RESOLUTION 94-22.. >, ".1>,' 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 Leqislature ot the State ot Florida in Chapter 67-1246, Laws ot Florida, and Chapter 125, Florida statutes, has conterred on Collier county the power to establish, coordinate and entorce zoning and such business regulations as are necessary tor the protection ot the public; and WHEREAS, the County pursuant thereto has adopted a Land oevelopaent Code (Ordinance No. 91-102) which includes a Coaprehensive Zoning Ordinance establishing regulations tor the zoninq ot particular geographic divisions ot the County, among which is the granting ot Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board tor the area hereby affected, has held a public hearing atter notice as in said requlations made and provided, and has considered the advisability of Conditional Use "1" ot Section 2.2.3.3. in an "E" zone tor a church and other place ot worship on the property hereinatter described, and has tound as a matter ot tact (EXhibit "A") that satistactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with SUbsection 2.7.4.4 ot the Land Development Code tor the Collier County Planning commission; and WHEREAS, all interested parties have been given opportunity to be beard by this Board in a public meeting assembled and the Board baving considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS ot Collier County, Florida that: lOIll 000 PI;, 372 nnn "''''1''' JANUARY 25, 1994 The petition tiled by Debora Allen Gress ot Progressive Engineering representing Faith Bible Church of Naples, Inc. with respect to the property hereinatter 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 9.5 and 96 of the Public Records ot Collier County, Florida. be and the same is hereby approved tor Conditional Use "1" ot Section 2.2.3.3. ot the "E" zoning district tor a church and other place ot worship in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the tol1owing conditions: 1. The CUrrent Planning Manager may approve minor changes in the location, siting, or height ot buildings, structures, and improvements authorized by the conditional use. Expansion ot the uses identitied and approved within this conditional use application, or major changes to the site plan submitted as part ot this application, shall require the submittal ot a new conditional use application, and shall comply with all applicable County ordinances in ettect at the time ot submittal, including Division 3.3, Site Develop~ent Plan Review and approval, ot the Collier County Land Development Code (Ordinance No. 91-102). 2. A "B" type butter shall be provided along the east property line in accordance with Sub-Sections 2.4.7.2 and 2.4.7.4 ot the LOC. 3. An "A" type butter shall be provided along the west side ot site. 4. Areas to be preserved shall be placed under separate easement with protective covenants. Prior to SDP app~oval, petitioner shall identity and label these easements on the site plan. Protective covenants shall be described and submitted under separate instrument prior to tinal SDP approval. 5. The titty-toot strip ot land tronting Tmmokalee Road, (shown on the plan as future additional right-ot-way) shall be donated to the County prior to the issuance ot any building permit tor the site. Thi~ donation will be eligible tor impact tee credits in accordance with Ordinance 92-22 as amended. 6. Arterial level street lighting shall be provided at th9 Immokalee Road entrance to the project. 7. The petitioner shall be required to provide a tair share contribution toward the installation ot trattic signals or other intersection trattic control improvements at the intersection ot Immokalee Road and Oaks Boulevard. 8. Turn lanes shall be required in accordance with Ordinance 93-64 as a condition ot Site Plan Approval. 9. The County may constrain or close any median openings on C.R. 846 based on trattic 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 trom the entrance to the site eastwards to Oaks Boulevard. '.' :~ ~ JANUARY 25, 1994 minutes ot this Board. BE IT FL~ER RESOLVED that this Resolution be recorded in the . .. ;t Resolution and moved tor ita adoption, seconded by Commissioner offered the toregoing . " . . ~ ~.., J{ 0, v f r , I' ,( , ;). f 'f ~, \ , ~ " .. l t ~ \ 1 I ... t r Commissioner Matthews Voloe and upon roll call, the vote was: NAYS: AYES: Commissioner Matthews, Commissioner VoIQe~ C~mmissioner Norris, Co.....issioner Saunders and Commissioner Contant!ne ABSEIl"l' AJlD NOT VOTING: AB,u:r.nl'ION: Done this ,o;~h day ot ~ ; ! .' ATTEST: ,DWIGHT E. BROCK, CLERK 't'1!:.<'4~~ ;. AS TO FORK AND L~T~ SUFl'ICTEKCY: ~ ~ . .. . ~.JL A{J~'''',d~ KARJO E M. S DElIT ASSISTANT COUNTY ATTORNEY CO-93-17 RESOLUTION mb/l0729 .l...nn"".y , 1994. OF ING APPEALS COUNTY, FLOR lOOK ()(}()PI~[37~