Resolution 1995-537
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RESOLUTION 95-537
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A RESOLUTION PROVIDING FOR THE ESTABLI$~~
OF A CHURCH AND RELATED CHURCH FACILITIlIr A;
CONDITIONAL USES "7" AND "10" IN THE "A"
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
PLORIDA.
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WHEREAS, t~e 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 vnd such businesf regulations as are necessary for the
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protection of the public; and
WHEREAS, t..e County pursuar t thereto has adopt ,~d a Land
Development Cod~ (Ordinance No. 91-102) which incl~ies a Comprehensive
Zoning Ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
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Conditional Uses; and
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WHEREAS, the Collier Count) Planning Commissic.'n, being the duly
appointed and constituted plann: '1g board for the al::!a hereby affected,
has held a public hearing after lOt ice as in said regulations made and
provided, and has considered the advisability of Conditional Uses "7"
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and "10" of Section 2.2.2.3 in an "A" zone for a cl~lrch and related
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church facilities on the property hereinafter descr~bed, and has found
as a matter of fact (Exhibit "A'
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that satisfactory provision and
arrangement have been made conc( 'ning all applicabl ! matters required
by said regulations and in aCCOl: lance with Subsection 2.7.4.4 of the
Land Development Code for the Collier County Planni'lg Commission; and
WHEREAS, al~ interested parties have been give" opportunity to be
heard by this B02rd in a public L~eting assembled and the Board having
considered all matters presented.
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NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
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~etition filed by.~. Neno J. spagna.of Florida ~,
~ute~.Inc. representing Mr. Richard D~ Craig fO~.~
Church with respect to the property hereinafter described
South one-half (S 1/2) of the South one-half (S 1/2) of the
Northeast one-quarter (NE 1/4) of the Southeast one-quarter
(SE 1/4) of Section 34, Township 48 South, Range 26 East,
Collier County Florida, as recorded in Official Record Book
1571, Page 1734, less 100 foot right-of-way.
be and the same is hereby approved for Conditional Use "7" and "10" of
Section 2.2.2.3 ~f the "A" zoning district for a church and related
church facilities in accordance with the Conceptual Master Plan
(Exhibit "B") ard subject to the following conditions:
a. The Planning and Techrical S3rvices Manag~r may approve
minor changes in the l~cation, siting, or height of
buildings, structures, and improvements althorized by
the c'~ditional use. Expansion of the us~s identified
and approved within ttis conditional use ~pplication, or
major changes to the fite plan submittedls part of this
application, shall reqlire 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 Coun~y Land
Development Code (Ordinance No. 91-102).
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b. As a precondition of ;,ny development, cornection shall
be made to the County s Water system in place on C.R.
951.
c. Arterial level street lighting shall be provided at the
projec1": entrance at t:e time said entrances is
constructed.
d. Both a northbound left turn lane and a sl'uthbound right
turn lane will be required under two-lan' CR 951
conditions in accordance with Ordinance ~13-64. Under
four-lane conditions, access will be com,trained to
right-in/right-out. "'urn lanes will be constructed at
the tine the project ntrance is constru.ted.
e. Additionally, right-a-way may be requirld to facilitate
the eventual widening of CR 951. In the event
additional right-of-w..y is deemed necessary, said action
to acquire the right-of-way shall be as prescribed by
the provisions of the LDC at Section 2.7.4.5.4.
f. An exc:ic vegetation removal, monitoring, and
maint~:lance (exotic-f~'ee) plan for the site, shall be
submitted to Planning and Technical Services
Environmental Review 1taff for review and approval prior
to final site plan/construction plan approval.
BE IT FURTHER RESOLVED that, this Resolution bf: recorded in the
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minutes of this Board.
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NAYS:
.. ~sioner Consta~ne o4fered the
,WtiQrLand moved ,for its adoption", sec~mded , by.. C,O,IJl
Mac'Kie and upon roll call, the vote was:
AYES: Commissio'ler Constantine~ Commissioner Mac'Kie~ Commissioner Norris,
Commissioner Hancock',and Commissioner Matthe\7s
ABSENT AND NOT '"':>TING:
ABSTENTION:
Done this
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ATTEST:
~fGHT E. BROCK;.. ~LERK
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AP~R,. VED AS,', TG' ~PRM AND
LEGAL', S,UFFI Cl;ENCY :
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~1.A.G In. ~:~Lhtvt-
MARJ IE M. ST DENT
ASSISTANT COUNTY ATTORNEY
CU-95-4 RESOLUTION/14322