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Resolution 1983-193Fes""' %ve!Tber 1. 1983 RESOLUTION 83— 1Q3 RELATING TO PETITION NO. PU- 83 -17C FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapters 67 -1246 and 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 public; and WHEREAS, The.County pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of provisional uses; and WHEREAS, the Coastal Area 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 Provisional Use "c" in a A -2 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 13 - Id of the Zoning Regulations for the Coastal Area Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in 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 of Florida Conference United Church of Christ, Inc. with respect to the property hereinafter described as: See Attachment A Legal Description BOOK U (8,�-418 n, Novelrber 1, 1983 ,, be and the same is hereby approved for Provisional Use "c" of the A -2 zoning district for a church subject to the following conditions: See Attachment B Agreement BE IT F11RTHER RESOLVED that this resolution be recorded in the minutes of this Board. Commissioner Pistor offered the foregoing resolution and moved its adoption, seconded by Commissioner Holland and upon roll call, the vote was' AYES: Cormissioners Pistor, Holland, Voss, Brawn and Kruse NAYS: None ABSENT AND NOT VOTING: None ABSTENTIC` ',: None Done this 1st day of Noyerlber 1983 BOARD OF ZONING APPEALS _ COLLIER COUNTY FLORIDA aY: $7/g ERK `' r '•, �:• APPROVED I0 FORM AND LEGAL SUFFICIENCY 4r. _ BURT SAUNDERS, COUNTY ATTORNEY CAPC P.U. Resolution N F7 tc.,. �, r 3i v tbverber 1, 1983 ATTAGIMENT A LEGAL DESCRIPTION: Commencing at the intel:section of the East -West k section line of and the eastern Section 9, Township 48 S,, Range 25 E., as monumented by right -of -way line of SR -45 (U.S. Highway 41 ae a place of bginning; the Department of Transportation, ) a10ng the eastern right-Of-way in a Northerly direction a distance as 40n rig y line of SR -45 (U.S. Highway 41 Parallel e and * thence in an easterly direction ) P section o, Ia distance of 400.00' from, the East -West a distance of 545.001. henCeTinnship 48 S., Range 25 E., parallel to a distance of � Southerly direction, ri�c -ef-vq Iiae of s, SbS•00 ire, the easterly 400.00'; thence in a westerly 4 5 (U.S. Highway 41) a distance of k section line of Section direction along the East-West 5 acres r less place of beginningRange more or less. 8• Containing soox U v%,.,� n 600K 078f'a' !.420 AGREEMENT November 1, 1983 I, Florida United Conference United Church of Christ, Inc., as owner or authorized agent for Petition PU- 83 -17C, agree to the following stipulations requested by the Coastal Area Planning Commission in their public hearing on October 20, 1983. A. The elevation of the control culverts under the road between the two cypress heads be set at either ground elevation or at the highest periphyton level that is evident, in the north pond. B. Areas indicated as the seasonal flow, the one north of the culverts to the cypress head and the one between the two cypress heads be left at existing ground elelvation and in their natural vegetation. C. Precautions be taken to protect border vegetation on all cypress heads and that any vegetative access inhibitor along the border be comprised of native vegetation. D. The Petitioner submit detailed site drainage plans to the County Engineer 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 the County Engineer. Site drainage plans shall be designed in accordance with the attached Water Management Guidelines. PETITIONER OR AG NT REERE TA I FOR CAPC SWORN TO AND SUBSCRIBED BEFORE ME THIS _� ��yC DAY OF cwt a ��.✓ 1983. NOTARY i SEAL Notary Wt. Slate of PoNwe MY COMMISSION EXPIRES: M/ caemiswe wins J* 5,1965 PU- 83 -17C Agreement Sheet �..+.....::..J1 =7 November 1, 1983 FINDING OF FACT BY COASTAL AREA PLANNIING CO'.iMISSION FOR A PROVISIONAL USE PETITION FOR PO- 93 —OC- The following facts are found: 1. section %•'? 6.3)(C) of the, Zoning Ordinance authorized the provisional use. 2. Granting the provisional use will not adversely affect other property or uses in the same district or neighborhood " because of: A. General corpliance with the Comprehensive Yes Plan: 1,10 ( ) r. Ingress and egress to property and proposed Yes (� structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: C. Affects neighboring properties in relation to Yes ( ) noise, glare, economic or odor effects: No (yf D. General compatibility with adjacent proocrtics and other property in the district: Nos (� Based on the above findings, this provisional use shOLLd, wilut Stipulations, (copy attached) (should 11ot) be reco:rfencec? :or approval DATE: Member • • a ..iR b00K ��pY.r� x