Resolution 1994-535
JUl 2 6 1991t
RESOLUTION 94- 535
RELATING TO PETITION NO. CU-92-6 FOR EXTENSION OF
CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED
IN COLLIER COUNTY, FLORIDA
WHEREAS, the Le,gislature of the State of Florida in Chapter
125, Florid~ Statut~s, has conferred on all Counties in Florida the
power to, ~,staplish'n coordinate and enforce zoning and such business
, ' ' , ., I
regulations as, are ~~cessary for the protection of the public; and
WHERE;A5, t~~c:.Cl~nty pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes
comprehensive zoning regulations for the zoning of particular
divisions of the County, among which is the granting and extending
the time period of Conditional Uses; and
WHEREAS, on August 4, 1992, the Board of Zoning Appeals
enacted Ordinance No. 92-54, attached hereto and incorporated
herein, which granted a conditional use pursuant to Ordinance No.
91-102, for accessory uses to a church that has previously received
Conditional Use (formerly known as provisional Use) approval and a
child care center, on the below described property; and
WHEREAS, on July 27, 1993 the Board of zoning Appeals enacted
Resolution No. 93-294, attached hereto and incorporated herein,
which granted a one (1) year extension to the Conditional Use
granted in Ordinance No. 92-54; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code
provides that the Board of Zoning Appeals may extend the one (1)
year time period for a conditional use which has not been
commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals
of Collier County, Florida that:
The written request of Darrell Mielke, representing Faith
Lutheran Church of Naples, Florida, Inc., for the second of three
(3) permitted one (1) year extensions,' in interest of the following
described property:
See attached legal description known as
Exhibit "B"
800K oeo p~'.~ 85
JUL 2 6 199't
is hereby approved pursuant to Subsection 2.7.4.5, of the Land
Development Code (Ordinance No. 91-102) and the expiration date for
Resolution No. 93-294, attached hereto and incorporated herein as
Attachment "2", and all conditions applicable t~ereto is hereby
extended for one additional year until August,4!, 1(995-.
BE IT FtfRTHER RESOLVED that this Resolution be recorded in the
minutes of ~his BCl~rd ,and in the records of the Petition for which
the extension is granted.
co_is. loner
offered the foregoing
Norris
Resolutionari<imoved for its adoption, seconded by Commissioner
Matth.....a
, and upon roll call, the vote was:
AYES: Ccmniseioner' Nocria, COarnissioner Matthe'Js, COarnissioner Saunders,
Ccirmissidner Volpe and COarnissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
, 1994.
26th
July
BY:
IRMAN
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ATT~Sit: ',; ~i' ~'v.
D~:tGHT . ~:: BROCK;. CLERK
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AP~OVEO.:AS ~>FORM AND LEGAL SUFFICIENCY:
, ":'f.,~D :~J.JJ~~;:;,;';,:.P;";:;~;';'=};""';~""
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.MA!tJORIEK. STUDENT
ASSIsTANT COUNTY ATTORNEY
CU-92-6 2nd EXTENSION RESOLUTION/ll952
800K 000 p~~~ 86
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'JUl 2 6 1994
RESOLUTION 93-~
RELATING TO PETITIONNO.CU-92-6 FOR tXTENSION OF
CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED
IN COLtIERCOUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter
125, Florida Statutes, has conferred on all Counties in Florida the
power to establish, coordinate and enforce zoning and such business
regulations as are necessary for the protection of the publici and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes
comprehensive zoning regulations for the zoning of particular
divisions of the County, among which is the granting and extending
the time period of Conditional Uses; and
WHEREAS, on August 4, 1992, the Board of zoning Appeals
enacted Ordinance No. 92-54, which granted a conditional use
pursuant to Ordinance No. 91-102, for accessory uses to a church
that has previouslY received Conditional Use (formerly known as
ProvisionalUseJ approval and a child care center, on the below
described property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code
provides that the Board of Zoning Appeals may extend the one (1)
year time period for a conditional use which has not been
commenced;
NOW,THElU;Foro::"aE.J:'I' ,RESOLVED, by the Board of zoning Appeals
_:Q! .c911.i,u CO\Jnty, nor ida that:
The written request of R. L. Schmeckpeper of R. L.
Schmeckpeper, Inc., representing Faith Lutheran Church of Naples,
Florida, Inc., for the first of three (3) permitted one (1) year
extensions, in interest of the following described property:
See attached legal description known as
Exhibit "B"
is hereby approved pursuant to Subsection 2.7.4.5, of the Land
Development Code (Ordinance No. 91-102) and the expiration date for
Ordinance No. 92-54, attached hereto and incorporated herein as
800K 000 PA',~ 87
-1-
Attad1arnc '7'
JUl 2 6 1991t
Attachment "l" and all conditions applicable thereto is extended
hereby for one year until August 4, 1994.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which
the extension is granted.
Commilllsicner
Norris
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
),{:Irrnpws
, and upon roll call, the vote was:
AYES: Commissioner. Norris , Commissioner Matthews. Commissioner Volpe,
Commissioner Constantine and Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
27th
July
1993.
day of
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:~1JL CHAIRMAN
.,
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CLERK
SUFFICIENCY:
1Yl~~ 111 fJ.tu~
KARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-92-6 EXTENSION RESOLUTION
nb/9813
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!!J ~ , ORDUIAlICE 92- 54 JUL 26199'1
:t ~S' "0 ~
'S2~$Q 1!:; ~
~ ~ ....o:iN..o . INANCE PROVIDING FOR THE ESTABLIS1Il1EllT Of
-:0 -= QC ,"CCJ$'SORY USES TO A CHURCH THAT HAS PREVIOUSLY RECEIVE9=.-
"6' -'" CoNttITIONALUSE (FORMERLY KNOWN AS PROVISIONAL U~)' :f-,
'{~<9 " ~PROVAL . AND A CHILD CARE CElITER CotfDITIONAL USES; III c;
~ER5F"'3ZoNtNGnISTRICT PURSUANT TO SUBSECTION,., -.,
2.2.4.3.2 AND SUBSECrION 2.2.4.3.4 OF THE COLLIE~ c.... \'
COUNTY LAND DEVELoPMENT CODE FOR PROPERTY LOCATED::;,IlI r':- 0"
SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLI;?,IER~, Cl
C01JNTl;FD:lIHDA; BY ESTABLISHING THE RElJI.T1m'SH]p~ '::::.
BETWEEN ORDINANCES AND RESOLUTIONS GRANTING COIIDI~O!'ALLi,
USES1ANDBY PROVIDING AN EFFECTIVE DATE. ' ;;; ~
WHEREAS, the ~gislature of the State of Florida in Chapter
67-1~46, Laws of Florida, and Chapter l25, Florida Statutes, has
conf~rredon Collier County the power to establish, coordinate and
enforce zoning' and such business regulations as are necessary for the
protection" of the public i and
'" W~EREAS, the County pursuant thereto has adopted a Land
:evelopment Code (ordinance No. 91-102) which includes a comprehensive
Zoning ordinanc!.establishing regulations for the zoning of particular
geographiC-divisions of the County, among which is the granting of
. .1,._ __,
ccnditional"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 aft~~notice as in said regulations made and
provided, and ,has considered the advisability of Conditional Uses "2"
and "4" in an RSF-3 zone fo~ accessory uses to a church that has
previously received Conditional Use (formerly known as Provisional Use)
approval and a child care center on the property her.einafter 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 regulation~ and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County Planning
C01llDlisaion; and.
WHEREAS, all interested parties have been given opport~nity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT ORDAINED, BY THE BOARD OF ZONING APPEALS of
Collie~ County, Florida that:
800K _ !lOD m~ 89
Attachment "l" ,
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JUL 26 199't
SECTION ONE: Grant of Conditional Use.
The petition filed by R. L. Schmeckpeper ofR. L. Schmccl<pepcr,
Inc." representing Faith Lutheran Church of lI<lplcs, florid;), Inc.. '.Ji::~
respect to the property hereinafter described <lS:
Exhibit "B"'whichls ~attached hereto and incorporated by
reference .herein
be and the same is hereby approved for Conditional Uses "2" and "4"
~.T"~.:~-
of the RSF-3 zoning district for accessory uses to a church that has
previously received Conditional Use (formerly known as Provisional
Use) approval and a child care center in accordance with the
conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
Exhibit "D" which is attached hereto and incorporated by
reterence herein.
SECT1.0N~'l'WO :
:Relationship-Between' Ordinance and Resolution
Granting Conditional Use.
.)C..:....,! ~olta~r.... ::'t.:__ . '~..-"'" :.... ;..,
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.
SECTIQN THREE: Effective Date.
.-..-
This Ordinance shall become effective upon receipt of ~otice
from the Secretary of state that this Ordinance has been filed with
the Secretary of State.
PASSED AND DULY ADOPTED by the Board of Zoning Appeals of
Collier County, Florida, this
_:~j~~~/ , 1992.
.y7"1.
day ,of
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ATTEST: .. ..'..;;;..
~~ES' C. .GIL~,;_-::'<:LERK
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CHAIRMAN
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App~ ved-as to?form
~ ".1c~ncY' .
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o n~ P. Cr. nJ.n
Assistant County Attorney
CU-92-6 ORDINANCE/nb/7788
&OOLJ]OO W,E 90
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JUL 2 6 199't
F:tNDING OF FACT
BY
COLLIER COUNTY PLANnING COMMISSIOll
FOR
, A CONDITIONAL USE PETITIOn
FOR
rTT~q'-1\
The following facts are found;
2.2.4.3.2 and
1. section. "~ 1 ~ of the Land Devlopment
Code auth,o;ized ~,conditional use.
:';'.-.\:,. ....f\ ',' "...;..._..-~;j',-,- ..,;.;,... .
2:, . ""'~rariting .i;t1:Ef .:c'qn!3.i~pna"l u-se ",ill not adversely affect
, the public interest' and will not adversely affect, other
property. ,or uses" in the ,same district or neighb9rhood
because ot:
consistency with the Land.Development Code and
Growth Kanagem~t Plan:
Yes L- 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
tire or catastrophe:
Adequate ingreso/' egress
Yes.~ No _____
"
A.
C. Affects neighboring properties in relation to
noiseA' gla,re, ~conomic or odor effects:
~'No affect ~r Affect mitigated by
------ ~ Affect:eannot be mitigated
,-, _.-- t:>. Coiupatibili ty....i th adja.cent properties -and -
other property in the district:
compatible ~within district
. Yes _ No _____
Ba~ed on the above 'findings, this conditional use should,
, with stipulations, (copy attache~ (sh9uld not)~be
recommended for approval fllr~. __. I
DATE: I~ J~ '77..- ~HAI~ ~
"
FINDING OF FACT CHAIRMAN/md
EXHIBIT "A"
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J U L 2 6 1994
DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
AI>PLICA TION.
All that part of Lots 35, 36 and 37, Naples Improvement Co.'s Lillie Farms, accorcling
to the plat thereof as recorded in Plat Book 2, Page 2, of the Public Records of Collier
County, Florida also being all that part of Section 15, Township 49 South, Range 25
East., Collier County, Florida, being more particularly described as follows:
Commencing at the Northwest corner of the Northeast 1/4 of said Section l5, thence
along the North line of said Section 15 North 89" 55' 30" East 45,00 feet to a line
which lies 45.00 feet Easterly of and parallel with the North-South 1/4 section line of
said Section l5; thence along said parallel line South 0" 00' 29" East 50,00 feet to the
South line of a road right-of-way as recorded in O,R Book 156, pages 66 and 67, of
the Public Records of Collier County, Florida; thence along the East line of a road
right-of-way as recorded in O.R Book 41, pages 592 and 593, O.R Book 4l, pages 531
and 532. O.R Book 167, pages 522 and 523, of the Public Records of Collier County,
Florida; South 0" 00' 29" East 4463.72 feet to the Point of Beginning of the parcel
hereiJ: ~es~"bed:__
thence leaving said East line, North 89" 43' 00" East 529.68 feet; thence South O. 17'
00" East 780.00.feet to the .North right-of-way line of Solana Road (a 30' right-of-
way)t!t;i~na{aloIigsai([Notth z:jght-of-way line, South 89" 43' 00" West 351.43 feet;
then~Norlli 0" 00'-29": West 359.12 feet; thena! South 89"13' 34" West 182.00 feet;
thenCli.:aIong said East line, North 0" 00' 29" West 420.86 feet to the Point of
Beginning of the parcel herein described.
'.
B~K. 000 p:~r 92
EXHIBIT "9"
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Future
Adninistro. tivp'
Building
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FAITH LUTHERAN CHURC~
4150 GOODLETTE ROAD NO~Tr.
":'" NAPLES, FL 339-\0
APRIL 10, 1992
SCALE: l' = 100'
Exhibit "en
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JUL 26 199't
AGREEMEWl'
r,
CU-92-6,
collier
, June 18,
R.L., Schllleckpeper, as authorized agent for Petition
agree to the following stipulations requested by the
County Planning commission in their public hearing on
1992.
a~. The Planning services Manager, may approve minor changes
in the location, siting, or height of buildings,
structu.res,and,imp;ro...em~mts authorized by t.he conditional
use. Expansion of the uses identified and approved within
this :c~nditional 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).
b. This project shall be subject to site Development Plan
(SDP) Approval in accordance with Division 3.3 of the
Coll~er County Land Development Code.
c. Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Review services.
d. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
Division 3.2 o~ the Collier County Land Development Code.
e. Work ",ithin Collier County right-oi-way shall meet the
requirements of Collier County right-of-way Ordinance No.
82..91.
f. Detailed water management plans and calculations, signed
and sealed by a Florida Professional Engineer, shall be
provided at the time of Site Development Plan (SOP)
review.
EXHIBIT liD"
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JUL 2 6 199't
g.
With reqards'to the Future Parking Area, as shown on the
conceptual site Development Plan, the useo! grassed
parkinq 'slttface~, ....ith stabilized subgrade, shall be
limited to the parking spaces. All parking aisles shall
be paved.' 'Tl'te'storlllWatercalculations "shall consider all
oftheparkiri9 areas (parking spaces" and parking aisles)
as impervious surfaces.
h.
This project shall be required to
Ordinances.. in effect at the time that
~ocuments are submitted ~or development
meet all County
final construction
approval.
i. prior to Final site Development Plan (SOP) approval, a
letter from the city of~aplQs stating that the Utilities
Dl~trict ,has reyiewed and approved the water facilities
~p'nstruction documents for service to the project shall be
submitted to Project Review Services.
j. Verification of existing septic tank and drainfield
capacity to serve the overall project, pursuant to
Ordinance No. 80-112, shall be provided to Project Review
Services.. If capacity is not sufficient, expansions of
the septic system shall be illustrated on the Final SDP in
accordance with FAC Chapter 10D-6.
k. Native vegetation shall be retained within the future
parking area to the south of the future. fellowship
building (i.e., Laurel,Qak, cabbage Palm).
The Petitioner shall adhere to all of the requirements of
section 4.6 of the Groundwater Protection Ordinance
(Ordinance.N~. 91-10~).
m. The proposed uses shall be required to meet the State of
Florida's Uniform Fire' Safety Rules and Standards.
1.
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JUL 2 6 ~
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PETITIONER OR AGE',.vr
STATE OF FLORIDA
COUNTY OF COLLIER
The forego g Agreement Sheet was acknowledged before
day of " 1,992 by R,),,,,p)- Sa-hl'leeA-IkI'~~ ,
personall known to me $~ '!lIt' l:'''~ produced
as: i~9RtifJ""..t.l.o,.1 and who d.id- (did not) take an oath.
me this ~(o ~
who is
Cn~.,. ,.t2~/
(~gnature of Notary Public)
~~d1,4, A.~AJ.r.
NOTARYPOBLI:C ; ,
serial/C01ll1'ilisdorilM .$'9 77~ 7
My c01IIJIlissionExpires: . (NOTARY SEAL)
W1lNIIJIUIJCITATtCFFUIIIM ~
trY ea~ DIP ALII.22..1llO'.l A
ecKlm lliI' IlIUM. IB.UO L1
=r ~ ATIVE FO cCPC
STATE OF FLORIDA
COUNTY OF COLLIER
The fore
day of
personal
oin9 Agreement Sheet was acknowledged before me:this
, 1992 by fll.{h N.~~",A.'; J"~., who is
known to me or '.R..... "'~r' r.,...nl"hl,-n~
n and who~ (did not) take an oath.
~(1.,"~:O'. }( ~
of Notary Public)
(2<,0..; I.'a k!. rYla.rf,.n
NOTARY PUBLIC
Serial/Commission # c..c... 0 8Cf ~5 q
My Commission Expires: ~ (NOTARY SEAL)
~~~~ mT[~ n~rD.\
t:r-UD T'riRU c.:~ InSZ7,p"n
CU-92-6, AGREEMENTI::~HEET aOOl( OOOrar,! !J6
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(Signature
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