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Ordinance 92-027 AN ORDINANCE PROVIDING FOR ~E ESTABLIS~T A ~ ~NDITION~ USE iN ~E "A" ZONING DI~ ~R PROP~ ~TED IN SE~iON 1. F~RI~ BY ~T~SHING ~E RE~TIONSHIPS -~ B~ O~IN~CES ~D RESOL~IONS G~ING ~ITION~ USEO~ ~D BY PROVIDIN~ ~ EFFE~IVE DATE · ~ ~S, ~e ~i~lature of ~e S~ate o~ Florida ~n Chap~or 67-1246, ~ of Florida. and ChapteT 12~, Florid~ Statu2es, conf~ed on Collier County.~e power to establish, coordinate a~d ~force zoning and such bus,ness re~latio~s as are necessa~ for ~e pro~e~on of ~e publ~c~ and ~S, ~e County p~suant ~ereto has adopted a ~nd ~lopment C~e (O~[nanoe No. 91-102} wh~ ~cludes a Compr~ens~ve Zoning Ordinance establishing re.la,ions for the zoning oE pa~i~lar ge~aphio divisions of the County, among ,.. ~ ~ ~e ~ant~ng of Conditional Uses~ and ~S, ~e Collier County Planning Co~ission, being ~ly ap~nt~ and oonst~tu~ planning ~a~ for the area alleged, has held a public hearing after not~ce as in said ~lat~ons ~ade and provided, and ha~ considered the of Cond~tional Use "6" ~n an "AC zone "for a church on ~e pro~y h~e~naf2er desc=~d, and has f~und as a ma~2er of fac~ (~12 mA~) ~a~ sat~sfacto~ provision and arrangemen= has been made conc~ng all applicable matters re~ired by said re~lations and ~n a~o~anae wl~ Subsection 2.7.4.4 of ~e ~nd Developmen~ ~, all interested ps.its have ~en given op~r~unity to ~ he~ ~ ~i~ B~rd in a public meeting asse~led and ~e Board ~ving considered all ma~ers presen=ed. N~, ~~ BE IT O~AINED, BY ~E BO~D OF ZONING .~]OH ONE= Grant of Conditional Use. :,' The petition fllad by Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Greek Orthodox Church of Naples and Vicinity, Inc., with respect to the property hereinafter described North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 1, Township 49 South, Range 25 East, Collier County, Florida· Lees the Westerly 100 foot for road right-of-way. "be and the same is hereby approved for Conditional Usa "6" Of the "Aw sorting district for a church in accordance with th~ ConcePtual Master Plan (Exhibit "B") and subject to the following Exhibit "C" which is attached hereto and incorporated by reference herein. SECTION TWO: Relationship Between Ordinance and Resolution Granting Conditional Use. In the event that it should be determined that the grant of conditional uses should be by resolution, then this Ordinance shall constitute a resolution for such purpose. SECTION THREE: Effective Date. This Ordinance aha11 become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secr~ary of State. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier.County, Florida, this . ~-- day of ATTESTS ..' ]. ':~ BOARD OF ZONING APPEALS f~u~s c. COLLIER COtlNTY,, FLORIDA  , CHAIRMAN as to form and ~sis~n~ Co~ty Attorney FINDING OF FACT BY COLLIER COUNTY PLANNING COM~ISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section~ of the Land Development Code authorized the ~1 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 wi~h the lJand Development 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 ingress~ egress Yes ~ No C.Affects neighboring properties in relation to noise, glare, economic or odor effects: c---~o affect or __Affect mitigated by__ __Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatibl9 us~ithin district Yes ~ No Based on the above findings, this conditional use should~ with stipulations~attached) (should not) be recom=ended for ~__ · ~ ~ MEMBER: DATE: '2..-- ACTING FINDING OF FACT MEmBER/md EXHIBIT ~o,~ 052,,~ 300 Il I, Dr. Neno J. Spagna of Florida Urban Institute, Inc., as authorized agent for Putition CU-91-22, agree to th~ following stipulations requested by the Collier County Planning - Commission in their public hearing on April 2 1992 ~lannin~ Services: a. The Planning 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 (91-102). Water Manaaamant and En~inear~ a. Design and construction of all improvements shall be .:. subject to compliance with the appropriate provisions of the Collier County Land Development Code. b. Prior to final construction plan approval, a 20 ft. wide strip of land along the eastern edge of the Airport Canal, measured from top of bank, shall be reserved for use as an ,. easement for maintenance purposes, as required by the Big Cypress Basin (South Florida Water Management District). a. Prior to final site development plan approval or final · construction plan/plat approvals, the applicant shall submit all Federal, State, and Local jurisdictional determinations and permits, waivers/exemption determinations that may relate to or affect the design and ~ layout of said final site development plans or final · . .construction plans/plats. EXHIBIT "C" -1- b. Jurisdictional wetlands and/or mitigation areas shall be designated as conservation/preservation tracts easements on the final site development plans or final conmtruction plans and shall be recorded on the plat or within the public records of Collier County, with protective covenants as per or similar to Chapter 704.06 of the Florida Statutes. c. All proposed mitigation for wetland impacts to Collier County Jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District rule~ and be subject to review and approval by the Project Review Services Envlronm~ntal Staff. TransDortatio~ a. The petitioner shall demonstrate legal access to the proposed sits. b. The site plan am submitted is incomplete. There is no pro])erty boundazy shown. Th~ indication of the centerline location of Airport Road is inaccurate. Please revise accordingly. c. A northbound right turn lane will be required along with a dedication of compensating right-of-way. Because of the canal location, we will require an additional easement for maintenance along the east side of the canal. d. Guardrail will be required along the right turn lane due to the proximity of the canal. e. The existing culvert pipes will have to be replaced with a box culvert structure capable for carrying both construction and automobile traffic. The culvert will also have to be capable of allowing free flow conditions in the canal. Such design must be signed and sealed by a Professional Engineer registered in the State of Florida. Fire: a. The petitioner shall provide fire hydrant location and water main size prior to SDP approval. b. The porte cochere shall be a minimum of 14 feet in height. PETITIONF~ OR AOENT State of Florida County of Collier .... 7%The forsgoi}lg Agreument Sheut was acknowledged b~fore me this ~- day of ~/.- , 1992 by ~//z.,, ~' S~wC~. , who is personally ~o~ to me ~~u~ .- ' ~ ~ignature of Notary Public) (Print ~am~ of ~otary ~ubli=) NOT~Y P~LIC My Co~ission R~RES~TATIVE FOR CCPC State of Florida :,,County of Collier . wThe foregoing Agreement Sheet was acknowledged before ms this psrsonally known %o me or&~ ~-ide~tJ~f4ca~ and who~(~t) take an oath. ~ ~i~naturs of Notary Public) -- SEAL .,, ~f/.~ ~ f~:% 6 ~Jd- (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #~g7 ~g~ My Commission Expires: CU-9 eh2 2 AGREEMENT SHEET/md B~"Y ~D~ ~%~l~&u~ ~.M~,~.{~W~ STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clark of Courta tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 92-27 which was adopted by the Board of County Commissioners on the 28th day of April, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th d~y of April, 1992. JAMES C. GILES ~.~.' ..... C]~rk of Courts and Cl~.' Ex-.afftclo to Board of/~/5... '.. ~ County Commissionerso ~ ' ~ Deputy Clerk