Resolution 1995-532RESOLUTION 95- 532
} RESOLUTION PROVIDING FOR THE ESTADLISHMENT
tF "1" CONDITIONAL USE IN THE "E" 2;STATES
;1,ONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
IROPERTY LOCATED IN SECTION 8, TOWNSHIP 50
:OUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, tl^e Legislature of the State of Florida in Chapter
z .,
67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has
u
#a. conferred on Collier County the power to establish coordinate and
._ enforce zoning :Ind such business, regulations as ari necessary for the
protection of t :ie public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91 -102) which inch ides a Comprehensive
Zoning Ordinance establishing regulations for the oning of particular
geographic divisions of the Co nty, among which is- the granting of
Conditional Uses; and
WHEREAS, th- Collier Count 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 egulations made and
provided, and has considered tho advisability of Conditional Use 111"
of Section 2.2.3.3 in an "E" Es ates zone for a'ch,rch on the property
hereinafter described, and has ound as a matter o fact (Exhibit "A ")
that satisfactory provision and arrangement have been made concerning
all applicable matters required by said regulations and in accordance
with Subsection .7.4.4 of the Land Development Coce for the Collier
County Planning :ommission; and
f.
WHEREAS, all interested pasties have been given opportunity to be
heard by this Board in a public meeting assembled end the Board having
` considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, 'lorida that:
I W�l
ED!,
The petition filed by Mr. Robert F. Rogers, of Cummings & Lockwood
representing Sunrise Academy Private School, with respect to the
property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference aerein
be and the same is hereby approved for Conditional Use "1" of Section
2.2.3.3 of the "E" Estates zoning district for a church in accordance
With the Conceptual Master Plan (Exhibit "C") and subject to the
following condi .ions:
Exhibit "D" which is attac -ied hereto and incorporated by
reference 'ierein.
BE IT FURVIER RESOLVED that this Resolution b,! recorded in the
minutes of this Board.
Commissioner Constantine r
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac'Kie
and upon roll call, the vote was:
�.r
AYES: Commissioner Constantine Commissioner Mac " ie, Commissioner
Hancock,, and Commissione Matthews
NAYS: r Norris,
ABSENT AND NOT VOTING: ;
ABSTENTION: `
Done this 12th day Of September
-995.
ATTEST:
DWIGHT{ E.., BROCK *, CLERK
J
APP OVED *- AS T '
I FORM AND
SFLE AL.0 NCICE:
MARJ IZ M. STUDENT
P-SSISTANT COUNTY ATTORNEY
CU -95 -6 RESOLUTIttt /14515
BOARD OF ZONING APPEALS
COLLIER COUNT , FLORIDA
BY:
ETTYE J. TFHEWS, CHA RMAN
FINDING OF FACT
Bi
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU -95 -6 - SUNRISE ACADEMY
The following facts are found:
1. Section 2.2.3.3.1.
Code authorized the conditio
2. Granting the conditional use
the public interest and will
property or uses in the same
because of:
A. Consistency with the
Growth Management Pl :
Yes =No
13A p
_ of the Land Devlopment
nal use.
will not adversely affect
not adversely affect other
district or neighborhood
Land Development Code and
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 ingres & egress
Yes No
C. Affects neighboring properties in relation to
noise, glare, economic or odor effects:
—,Z No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
Compatible use within district
Yes -� - No
Based on the above findings, this conditional use should,
with stipulations, (copy attac'ed) (should not) be
recommended for approval__ A-p4,
DATE: CHAIRMAN:
FINDING OF FACT CHAIRMAN /md/2/8/89
EXHIBIT "A"
s
13a s 1
LEGAL
North 1/2 of the North 1/2 of the
Southeast 1/4 of Section 8.
Township 50 South. Range 26 East
Collier County. Florida.
EXHIBIT "B"
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EXHIBIT "C"
13A 8 1
AGREEMENT
I, Robert F. Rogers, as authorized agent for Petition
CU -95 -6, agree to the following stipulations requested by the
Collier County Planning Commission in their public hearing on
August 3, 1995.
PLANNING:
a. The Planning & Technical Services 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. Prior to final site development plan approval, a
note on the site plan shall indicate that all
exotic vegetation, as defined by County Code, shall
be removed from the site, and that the property
owner shall be responsible for subsequent annual
exotic removal. (CCLDC 3.9.6.6.5)
C. Pursuant to Section 2.2.25.8.1 of the Land
Development Code, if, during the course of site
clearing, excavation or other construction activity
an historic or archaeological artifact is found,
all development within the minimum area necessary
to protect the discovery shall be immediately
stopped and the Collier County Compliance Services
Department contacted.
TRANSPORTATION:
a. Arterial level street lighting shall be installed
at the project entrance within 90 days of the
approval of the conditional use.
b. Under the two lane condition for County Barn Road,
the applicant is r squired to install both left and
right turn lanes in accordance with Ordinance
93 -64, Work Within the Right -of -Way, within 90 days
of approval of the conditional use for a church.
In consideration of the pending four -lane contract
for County Barn Road, this Division recommends that
compensating right -of -way be provided for the turn
lanes and that the turn lane requirement be waived
under the two -lane condition.
EXHIBIT "D"
13A
C. Under the four lane condition for County Barn Road,
there is no median opening proposed to serve this
property. The property driveway is 275'
center -to- center from the nearest programmed median
opening to the south. This location precludes a
future median opening at this location per
Resolution 92 -422, the Collier County Access
Management Policy.
P TITIO ER OR AGENT
STATE OF FLORIDA
COUNTY OF COLLIER
r�
The foregoing Agreement Sheet was acknowledged before me this
day of _ a-t , 1995 by -Eo6ev� �. �S who
is personally knowH to me or who has produced
—FI.M _I�•� R cot- dole- fd -09� 0
as identification.
(-§ignatuAb of Notary Public)
NOTARY PUBLIC
CHERYL L SOTER
NOTARY PUBLIC STATE OF FLORID
Commission # COMMISSION NO. C091315
My Commission EX b%*4MLSSIONEXP.AUG.15.1996
REPRESENTJ!VTIVI�' rb-R- CCPC
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing greement Shee� was acknowledged before me this
3r_ day of 1995 by who
is personally knowil to me or who has produced
as identification.
14516
I
(Signature
of Notary Public)
CL1-�4.
NOTARY PUBLIC
UFFICIAI. NOTARY SEAL
CECILIA K MARTIN
Commission
# NCY'ARY
i L:. l :C STAIE OF FLORIDA
My Commission
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X'��4L�fS1�,51V�; FXn, qpN 271999
14516