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Resolution 2019-036 RESOLUTION NO. 19- 36 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DENYING PETITION CU- PL20160002577 TO ESTABLISH A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.03.01.B.1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 Land Development Code (Ordinance No. 2004-41, as amended) 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, on September 20, 2018 and January 17, 2019, the Collier County Planning Commission held properly noticed public hearings to consider Petition CU-PL20160002577 to establish a Conditional Use to allow a church within an Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c.1 of the Collier County Land Development Code on the property hereinafter described; and WHEREAS, on February 26, 2019, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, held a properly noticed public hearing to consider Petition CU-PL20160002577 to establish a Conditional Use to allow a church within an Estates (E) Zoning District pursuant to Subsection 2.03.01.B.1.c.1 of the Collier County Land Development Code on the property hereinafter described; 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: Petition Number PL20160002577, filed by Anna Weaver of Davidson Engineering, Inc. representing Grace Romanian Baptist Church of Naples, Inc., with respect to the property hereinafter described in Exhibit "A", be and the same is hereby DENIED in accordance with the transcript of the proceedings of the public hearing held before the Board of Zoning Appeals on February 26, 2019. [17-CPS-01698/1462460/11171 Grace Romanian Church/PL20160002577 2/26/19 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and filed with the County Clerk's Office. This Resolution adopted after motion for approval of this Conditional Use failed to achieve the necessary four of five votes for passage of the Conditional Use, this 26th day of February, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZL, CLERK COLLIER C• � FLORIDA 01110 By: l�-=�q C .4110 • By: Attest as Cha.;, Clerk / .L. MCDANIEL, JR., airman signature only::,` Approved as to form and legality: Ott Ot ' Heidi F. As ton-Cicko Managing Assistant County Attorney Attachments: Exhibit A-Legal Description [17-CPS-01698/1462460/11171 Grace Romanian Church/PL20160002577 2/26/19 Exhibit A DAVIDSON LEGAL DESCRIPTION ATTACHMENT "B" ALL OF TRACT 16, GOLDEN GATE ESTATES UNIT NO. 4,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 4, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Grace Romanian Baptist Church of Naples CU Attachment"B"—Legal Description July 2017 www,davidsonengineering.com 4�