Resolution 1994-711
13A 4
RESOLUTION 94--111
A RESOLUTION PROVIDING FOR TIlE ESTABLISHMENT OF
CONDITIONAL USE "1" IN TIlE "E" ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.2.3.3 OF TIlE
COLLIER COUNTY LAND DEVELOPHEIIT 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
WHEREAS, the County pursuant thereto has adopted a Land
Deve10paent Code (ordinance No. 91-102) which includes a
Coaprehensive 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 "I" of Section 2.2.3.3 in an "E" Estates zone
for church expansion 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 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, TIIEREFORE BE IT RESOLVED, BY TIlE BOARD OF ZONING APPEALS
of Collier County, Florida that:
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13A 4
The petition filed by Terrance L. Kepple of Bruce Green and
Associates, representing St. Monica's Episcopal Church, with
respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "1" of
Section 2.2.3.3 of the "E" Estates zoning district for church
expansion in accordance with the Conceptual Master Plan (Exhibit
"CO) and subject to the following conditions:
a. The CUrrent Planning Manager may approve minor changes in the
location, siting, or height of buildings, structures, and
iaprovements 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).
b. The entire east 80 feet of Tract 131 shall remain undeveloped
in perpetuity as a natural vegetated landscape buffer as shown
on the Master Plan.
c. U. S. Army Corps of Engineers General Permit SAJ-48 for this
area applies only to residential structures. An individual
permit shall be submitted for Final SDP Approval if required.
d. The petitioner shall retain at least a fifty-five (55) foot
wide naturally vegetated buffer along the southern property
line, except in front of the caretaker's residence the
developer shall be allowed to clear the underbrush starting at
the west boundary of the 80-foot buffer and proceeding 100
feet in a westerly direction.
e. The developer shall provide left and right turn lanes on
Immokalee Road at the Project entrance. Should a median
opening be required upon the four-laning of Immokalee road,
the developer shall be responsible for the cost of all
intersection improvements necessary to serve the site.
f. Access improvements shall not be subject to impact fee credits
and shall be in place before any certificates of occupancy are
issued.
g. The road impact fee 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.
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13A 4 \
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutes of this Board.
coaaissioner
Saunders
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
Norris
and upon roll call, the vote was:
AYES: Commissioner Saunders, Commissioner Noeris, Commissioner volpe,
Commissioner Matthews, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTEIITION:
Done this
day of September
, 1994.
27th
BOARD OF ZO
COLLIER
G APPEALS
, FLORIDA
ATTEST :
DlfIGHT E. BROCK, CLERK
CHAIRMAN
Z-48'.
,
AS TO FORM AIlD
LEGAI., SUFFICIENCY:
'-y}1~A.ldl1 &.A__U:U.d.
HARJO E M. TUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-l2 RESOLUTION/12l32
-3-
13A 4
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-12
The following facts are found:
1. Section 2.2.3.3.1 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~lan:
Yes V 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:
Adequa te ingress..-<" egress
Yes' c./ No
Aff~cts eighboring properties in relation to
noise glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent propertie~ and
other property in the dis rict:
Compatible use thin district
Yes No
Based on the above findings, this conditi~onal U~~hO~Ul~1fJ
with stipulations, (copy attached) (should not)~----
recommended for approval .
DATE: 1/; /tIt CHAIRMAN:' I',,4:?
, I .
C.
FINDING OF FACT CHAIRMAN/rod
Exhibit "A"
~,. I......
13A 4
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-94-12
The following facts are found:
1. section 2,2.3.3.1 of the Land Development
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 distr1ct or neighborhood
because of:
A.
Consistency with the La~eVelopment Code and
Growth Management Plan:
Yes 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 ingr~' egress
Yes No
Affe~ts eighboring properties in relation to
nois , glare, economic or odor effects:
No ~ffect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible use within district
Yes 1../ No
C.
,
Based on the above findings, this C~diti~al use should,
with stipulations, (copy attached) should not) be .
recommended for approval . ~ '4
DATE: ? J I J 1L( MEMBER:;:}- h-
I I '
FINDING OF FACT MEHbER/md
.
13A 4 ,
Tract 130, 131, and the East 165 feet of Tract 111,
Golden Gate Estates, Unit No. 97 less the North 50
feet of Tracts 130, 131 and the East 165 feet of
Tract 111, Less the East 80 feet of Tract 131, as
recorded in Plat Book 7, Pages 95 and 96, of the
Public Records of Collier County, Florida.
Exhibit "B"
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Exhibit ften
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September 21, 1994
(3011l)
It.. .13A4
RESOLUTION 94-111 RE PETITION CU-94-12, TERRARCE KEPPLE 011' BRUCE GREEN
AKD ASSOCIATES, INC., REPRESENTING ST. MONICA'S EPISCOPAL CHURCH,
REQUESTING CONDITIONAL USE "1" 011' THE ESTATES (E) ZONING DISTRICT POR
CHURCHES AKD OTHER PLACES 011' WORSHIP, POR THE PROPERTY LOCATED ON THE
SOOTH SIDE 011' IMMOItALEE ROAD, APPROXIMATELY ORE HALP MILE EAST 011' OAKS
BOULEVARD, CONSISTING 01' FIVE (Il) ACRI!S - ADOPTED
Legal notice having been published in the Naples Daily News on
September II, 1994, as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened.
Sam Saadeh, Planner, stated that the proposed conditional use is
to allow for an expansion of 200 seats to the already approved 300
seat church with the first phase almost completely built out.
Commissioner Constantine closed the public hearing.
Commissioner Volpe questioned whether sufficient parking is
available to accommodate the additional 200 seats?
Mr. Saadeh informed the Board that part of the expansion is to
add additional parking to accommodate 500 parishioners. He explained
that this conditional use is adding the 200 seats to the eXisting can-
ditlonal use, a maintenance building, cookout facility and caretakers
residence. He indicated that accessory facilities were allowed
In the first conditional use granted in 1991.
Cas.iaaioner Saundera movad, seconded by Commissioner Norria and
carried unaDi~ly. that Petition CU-94-12 be approved, thereby
adopting ae.olution 94-711.
aDDK neON',! 99
Page &4
13A 4
RESOLUTION 94--1j1
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "I" 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 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
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 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 11111 of Section 2.2.3.3 in an "E" Estates zone
for church expansion 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 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:
-1-
-----t-----.--.
13A 4
The petition filed by Terrance L. Kepple of Bruce Green and
Associates, representing St. Monica's Episcopal Church, with
respect to the property hereinafter described as:
Exhibit liB" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "1" of
Section 2.2.3.3 of the "E" Estates zoning district for church
expansion in accordance with the Conceptual Master Plan (Exhibit
"en) and subject to the following conditions:
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 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).
b. The entire east 80 feet of Tract 131 shall remain undeveloped
in perpetuity as a natural vegetated landscape buffer as shown
on the Master Plan.
c. U. S. Army Corps of Engineers General Permit SAJ-48 for this
area applies only to residential structures. An individual
permit shall be submitted for Final SDP Approval if required.
d. The petitioner shall retain at least a fifty-five (55) foot
wide naturally vegetated buffer along the southern property
line, except in front of the caretaker's residence the
developer shall be allowed to clear the underbrush starting at
the west boundary of the 80-foot buffer and proceeding 100
feet in a westerly direction.
e. The developer shall provide left and right turn lanes on
Immokalee Road at the Project entrance. Should a median
opening be required upon the four-Ianing of Immokalee road,
the developer shall be responsible for the cost of all
intersection improvements necessary to serve the site.
f. Access improvements shall not be subject to impact fee credits
and shall be in place before any certificates of occupancy are
issued.
g. The road impact fee 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.
-2-
..---...--'~'.'"----
13A 4 \
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner
Saunders
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Not"cis
and upon roll call, the vote was:
AYES: Commissioner Saunders, Commissioner Norris, Commissionec volpe,
Commissioner Matthews, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
27th
day of Septembec
, 1994.
',I
CHAIRMAN
L
ATTEST:
DWIGHT E. BROCK, CLERK
:t-~a~
. .' ROVED AS TO 'FORM AND
LEG~ISUFFrCIENCY:
'-m(lA~~)1~/l] &<_uU,d
MARJO IE M. TUDENT
ASSISTANT COUNTY ATTORNEY
CU-94-12 RESOLUTION/12132
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.~---~-~-'-"-
""_.-----,,_._...""----"'..-'''~_...---
AFFIDAVIT OF COMPLIANCE
C ;?(ff!-/2-
13A 44
I hereby certify that pursuant to Ordinance 92-102, the
Collier County Land Development Code, I did give notice by
mail to the following property owners at their current
address as shown ~y ths records of Col:ier County Property
Appraiser of a proposed change in zoning classification, more
than fifteen (15) days prior tot he first scheduled hearing
concerning the proposed chant. The said notice contained the
legal description of the affected classification and the time
and place of a' proposed ~earing concerning the proposed
change.
Per attached letters which are hereby made
a part of this Affidavit of Compliance.
(l~ ~. ~~~
Sheet was acknowledged l)efore me this
, 1994 by Cecilia K. Martin
to me or ,.oRB ha3 1-'.... .....dtieed
as iaentifi~~Lien.
~W~~J7Cd C jJ;?/I-V)
(S nature of Notary Pub11C)
~~,('I)J1'7 /l d601'7 f"
(Pr nt Name of Notary Public)
NOTARY PUBL.IC
State of Florida
County of Collier
The foregoing Agreement
12th day of August
who is personally known
.~
Of c.... <-
, NoR,"'A A S AL
NOiARY f'lJStr<: ~ Boo,\!
C('l.\1.v.J5.'jIO~ ,~nAOF J..r'ORfD....
My COf.fM1.":..~[o.;" ::);1; lC:: ~-9n
. .I\U.... :9',.,;
AFFIDAVIT OF COMPLIANCE/9/17/93/md
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