Resolution 1994-534
JULY 26, 1994
RESOLUTION 94-~
A RESoLUTION PROVIDING FOR THE ESTABLISHMENT OF
CONDITIONAL USE "1" IN THE "E" ESTATES ZONING
DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE
COLLIER COUNT~ LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 49 SOUTH, RANGE
26 EAS:r" COLLIER COUNTY, FLORIDA.
WHEREAs,th~ Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on ~ollier County the power to establish, coordinate and
enforce z~ning and such business regulations as are necessary for
the prot~ctJon of the publici and
WH~EAS, the ~ounty 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 "1" of Section 2.2.3.3 in an "E" Estates zone
for an expansion of an existing church on the property hereir.after
. ._~_:~~_:.~1:.'e:'.,_ andhas 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:
The petition filed by Dr. Neno J. Spagna of Florida Urban
Institute, Inc., representing Bethel A.M.E. Church of Naples, Inc.,
with respect to the property hereinafter described as:
~OOK
ODD f~r.~ 79
-1-
J UL Y 26, 1994
The East 150 feet of Tract 97, Golden Gate Estates, Unit 29,
according to plat as recorded in Plat Book 7, Page 57, Public
Records of collier County, Florida
be and the same is hereby approved for Conditional Use "1" of
section 2.2.3.3 of the "E" Estates zoning district for expansion of
an existing church in accordance with the Conceptual Master Plan
(Exhibit "B") and subject to the following conditions:
Flannina
1. All natural non-exotic vegetation in place along the
n.orth, east and west property lines shall be retained and
supp~emented to achieve an opacity ratlng of 100\ within
one year of the issuance of a building permit for
expansion of the. sanctuary or construction of the
Fellowship Hall whichever first occurs to a height of ten
(10) fe.et.
2. The. landscape area adjacent to the parking lot along
either side lot lines shall be the maximum width that can
practiCally be achieved by appiication of parking lot
design standards. The petitioner Shall make application
to reduce aisleway widths to twenty (20) feet, and if
approved this will serve to irtcrease the width of the
land~cape buffer by the amount of the reduction. The
illu_trated r_ar yard open space area of 75 feet shall be
retatned in its native condition except, for removal of
exotic vegetation. Supplementary tre~s shall be
introduced where necessary to provide one tree per forty
(40) ~q~.re feet of lan~ area.. .
3. Parking.lot light standards shall not exceed a height of
15 feet and shall be shielded to prevent any light glare
on adjacent property.
4. Parking availability shall be based on the provisions of
section 2.3.14 of the Land Development Code for Churches.
Traffic
1.
Arterial level street lighting at the project entrance is
the responsibility of the conditional use property owner
entity.
2.
The driveway entrance shall be reconfigured to provide a
minimum 50 foot radius return to facilitate right turns
into the property from the east. In lieu of providing
the required turn lane improvement and associated
compensating right-of-way, a right-of-way donation of 40'
is requested for the entire road frontage to accommodate
the future six lane improvements to Golden Gate Parkway.
3.
The county reserves the right to monitor the traffic
conditions along Golden Gate Parkway and if, in the
opinion of the Transportation Services Administrator,
operational problems develop, the county reserves the
right to make necessary median modifications. Such
modifications may include reconfiguration of the median,
left turn lane, median closure, direction
reconfiguration, or any other modification deemed
warranted by the county. The Applicant shall make a fair
share contribution toward the cost of such modifications.
&001( oea fA'.[ 80
-2-
JULY 26, 1994
Water Manaaement/Enaineerina/utilities:
1. Prior to site development plan approval a five foot (5')
paved clear area shall be provided for all handicap
spaces.
2. A detailed water management plan with a method to
discharge excess runoff off-site shall be submitted prior
to site development plan approval.
Environmental:
1. Fox squirrels (Sciurus ~), a listed species, are
known to toragein the vicinity, therefore the following
stipulations shall be incorporated into the site plan:
a) Parking lot islands and landscape areas shall be
configured to retain themaxim~m number of slash
pines. '
b) The maximum number of slash ,pines allowed by the
Landscape Code shall be planted as required
landscaping. . .
BE IT~ERRESOLVED that this Resolution be recorded in the
minutes of this'Board.
Commissioner
offered the foregoing
Saunders
Resolution and moved for its adoption, seconded by Commissioner
Norris
and upon roll call, the vote was:
, ,
AYES.:l;:o",mi-ssionetSaunders, Commissioner Norris, Commissioner Volpe,
COmmissioner'Matthews, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
,.).t'
day of ~.----
, 1994.
, I. Ill: II {
A'l"rEST : ' i v
DWIGHT E. BROct<::"" CLERK
-.
BY:
T
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ROVED AS TO;- FORM AND
~!SUFFICIEN.cY:
'711i~'(A1"'~1i' ~~C
KARJ IE M. T DE T
ASSISTANT COUNTY ATTORNEY
CU-94-5 RESOLUTION/11649
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JULY 26, 1994
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frf\.
'n:NDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDLTIONAL USE PETITION
FOR
CU~94-5
The following facts are found:
1.
Section 2.2.3.3. 1 of the Land Devlopment
Code au~prizedthe conditional use~:
, .
2.
Granting' the :condl tional use
the public interest and will
'.property or uses in the same
.. because of:
will not adversely affec~
not adversely affect other
district or .neighborhood
t...
~ .. ~
:. i'" , ;. A. . . _.Consistency with the Land Development
,.-~. .. . ~ Growth'Hanag:e~7 Plan:
'- Yes No _____
Code and
-.
B. '~ngress.and egress to property and proposed
.structures thereon \lith particular reference to
'automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
...~~....E!,",.~!:?,r.,...,.,.c;':. .~~~:;i9.~'~."~~.'~~'-"\r" ............ .'"
C', . c. .~~,.......,."':t...es 'eg1:'ess ...
....1,":"C~\;.'.'.......J:1_~'~;t:\I'...',;;< ':"'\-.'~~~'Ye's - ' No " "-",."
. --'C'; Aftects neighboring propertIes in relation to
noise, glare, economic 9C odor effects:
No affect or V Affect mitigated by ~UL..f170N.5.
----- _____ Affect cannot be mitigated
D. Compatibility with adjacent properties anc
other property in the district:
Compatible u~ within distric~
Yes t/ No
Based on the above findings, this conditional use s~o~l=.
with stipulations, (copy a~~achec) ( . .) ~e ~
~ecommended for aporova~ . ~
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800K 000 r~<.~ 82
FINDING OF FACT CHAIRMAN/me
AGEND~ITE~
No. j, (";:) (2)
EXHIBIT
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JULY 26, 1994
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