Resolution 1991-014
RESOLUTION 9l-li.. JANUARY 8, 1991
RELATING TO PETITION NO. PU-90-24 FOR PROVISIONAL
USE OF PROPERTY HEREINAFTER DESCRIBED IN 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
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of Provisional 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 Provisional Use "a" in an "E" (Estates) zone for
a church on the property hereinafter described, and has found as
a matter of fact (Exhibit "A") that satisfactory provision and
arrangement has been made concerning all applicable matters
required by said regulations and in accordance with Section
13.1.d of the Zoning Regulations 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 the petition filed by
Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth, P.A.,
representing St. John's Ep~scopal Church of Naples, Inc. with
respect to the property hereinafter described as:
Tract 130 and East half of Tract 111, Golden Gate Estates,
Unit 97, in accordance with and subject to the plat
recorded in Plat Book 7, pages 95 and 96, Public Records of
Collier County, Florida.
II 000 PAGE 91
JANUARY 8. 1991
be and the same 1s hereby approved for Provisional Use "a" of
the "E" (Estates) zoning district for a church subject to the
following conditions:
Exhibit "B" which is attached hereto and incorporated
by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes ot this Board.
Commissioner
Shanahan
offered the
foregoing Resolution and moved for its adoption, seconded by
Commissioner
Haase
and upon roll call, the vote
va.:
AYES: Commissioner Shanahan, Commissioner Hasse. Commissioner Volpe,
Commissioner Saunders. and Commissioner Goodnig~t
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this ~~
~ /~/
day ot ,~.
.C/"
BOARD OF ZON G APPEALS
COLLIER COUNTY, FLORIDA
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A~tST:(.'..
JAMES C. GILES;.-CLERK
By:9~ OAvvJ~cl
eRAI
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.AP .R.~~ AS,.\~:FO M~D LEGAL ';;;"FICIENCY:
~IE ~ENT r~. I
~ASSISTANT COUNTY ATTO~~Y 'q
PU-90-24 RESOLUTION
nb{4630
. 000 PAGE 92
JANUARY 8; 1991
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FINOIKG cr :.l,='l'
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COLLIER COUNTY F:;"'~~:;;G COMMISSION
rc::.
A PROVISIO~AL :E! ?ETITION
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The following facts are foune:
1. Section 7 lOb 1) (:I) c: :.:.~ Zoning Ordinance
authorized the provisional ~s~.
2. Granting the provisional ~se .~11 not adversely affect
the public' interest and ~i:: :=~ adversely affect other
property or uses in the Sa=e ~~strict or neighborhood
because of:
A. Consistency with t~e C~~=ehensive Plan:
Complies ~i~ ~~=ehensive Plan
yes....:::!.....- No _
B. Ingress and egress ~c ~=:;erty and proposed
structures thereon ~~~ ~~ticular reference to
automotive and pedes~:~~ safety and convenience,
traffic flow and c=~~=:, and access in case of
fire or catastroohe:
Adequate. i~;~~!! I egress
Yes :::!-.- ~o _
c. Affects neighborin~ p==;~~ies in relation to
noise, glare, econc~c == odor effects:
~ No affect or .~-=fect mitigated by
----- _____ Affec~-=~ be mitigated
D. General compatibil~~y .~~ adjacent properties and
other property in ~~e ~!~=ict:
Compatible ~se .~~~in district
Yes~:'-:_
Based on the above findings, ~~~! ;=ovisional use should,
with stipulations, (copy attac::e:. : ..tw'-41.J ......Jt>. be ~.
recommended for approval \ ~ '". \1 ~
DATE: /2./;/"7() :3\IRMAN:\.J~ l~ /
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FINDING OF FACT CHAIRMAN
. OOOPAr,[ 93
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JANUARY B., 1991
AGREEMENT
I, Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth,
P.A., as owner or authorized agent for petition PU-90-24, agree to
the following stipulations requested by the Collier County
Planning Commission in their pUblic hearing on December 6, 1990.
1. PLANNING SERVICES:
8. Expansion of the uses identified on the attached site
plan and approved within this Provisional Use
application, or major changes to the site plan submitted
as part of this application, shall require submission of
a new Provisional Use request and shall comply with all
applicable County ordinances in effect at the time of
submittal including Seclton 10.5 of Collier County
Zoning Ordinance No. 82-2.
b.
Ingress/egress to the proposed petition
restricted to Immokalee Road only.
sha 11 be
2. WATER MANAGEMENT AND ENGINEERING:
a. Design and construction ot all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
b.
A portion, not to exceed 70\ of the required
may be developed with a grass surface per the
County Zoning Ordinance Section 8-12C. The
aisles, however, shall be paved. All parking
considered paved for stormwater purposes.
parking,
Collier
driveway
must be
c. This project shall be required to meet all County
Ordinances in effect at the tine final construction
documents are submitted for develop~ent approval
3. ENVIRONMENTAL:
a. Petitioner shall re~ain at least a fifty-five (55) foot
wide naturally vegetated buffer along the south property
line and at least a forty (40) foot wide naturally
vegetated buffer along the east property line.
4. TRANSPORTATION:
A. The developer shall provide left and right turn lanes on
Immokalee Road at the Project entrance. Should a
median opening be permitted upon the four laning of
Immokalee road, the developer shall be responsible for
the cost of all intersection i~provements necessary to
serve the site.
EXHIBIT "s"
-1-
a OOOPI(,[ 94
JANUARY 8, 1991
b. The developer shall provide SO teet of additional road
right-ot-way along the south side of Immokalee Road, and
receive road impact fee credits to the extent provided
in Ordinance 85-55, as amended. The right-ot-way shall
be dedicated prior to any certificates of occupancy
being issued.
c. Access improvements shall not be subject to impact tee
credits and shall be in place before any certificates of
occupancy are issued.
d. The road impact tee shall be as set forth in Ordinance
85-55, as amended, and shall be paid at the time
building permits are issued unless otherwise approved by
the Board of County Commissioners.
5. ENVIRONMENTAL HEALTH.
8. Project must be submitted to Collier County PUblic
Health Unit for review and approval in accordance with
FAC 100-6 for sePt~~~:;~ ~aste.
PETITION~T
SWORN TO AND SUBSCRIBED BEFORE ME THIS
10th
DAY
January
OF
~,-,
NOTARY
, 1991-
o ~~
Helen . ~ms
SEAL
~~~
~~;
HELEN A. SIMS
W1'COMWlSIlOHIbl'lA[1
May 28,1914
o "
MY COMMISSION EXPIRES:
~J~L/
REPRE ENTATIVE FOR cepe'
SWORN TO AND SUBSCRIBED BEFORE ME THIS -.18 th
DAY
OF ~;:~~~
N TARY
, 1991-
~. '-/Y'wCk Cr0
SEAL
MY COMMISSION EXPIRES:
t:: .'"," 11"[ T~ S;,l( '" H~~lt:IA
II ,,::_~: .-~'~ rp /'r~ ;",1911
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PU-90-24 AGREEMENT SHEET/nb/4631
EXHIBIT "B"
-2-
. OOO,V,[ 95