Resolution 2003-352
17E
RESOLUTION NO. 03 -...222
RELA TING TO PETITION NUMBER CUE-2003-AR-
4544 FOR A ONE-YEAR EXTENSION OF A
CONDITIONAL USE FOR A CHURCH IN THE "E"
ESTATES ZONING DISTRICT FOR PROPERTY
HEREINAFTER DESCRIBED IN SECTION 8,
TOWNSHIP 50, RANGE 26, COLLIER COUNTY,
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 public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 9]-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 September 12, 2000, the Board of Zoning Appeals enacted Resolution
No. 2000-275, attached hereto and incorporated by reference herein, as Exhibit "A" which
granted a conditional use pursuant to the then existing Subsection 2.2.3.3.1 of the Land
Development Code (Ordinance No. 91- I 02), for a church, on the described property; and
WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the
Board of Zoning Appeals may grant one one-year extension 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 Homere Hyppolite representing the First Haitian Alliance
Church for one one-year extension of conditional use CU-2000-AR-08 for a church in interest
of the following described property
"Exhibit B"
is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code
(Ordinance No. 91-102), and the expiration date for Resolution No. 2000-275, attached hereto
and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby
extended for one additional year until September 12, 2004.
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.
1.
This Resolution adopted after motion, second and majority vote.
Done this
ILHh day of ~io ~ ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
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BOARD OF ZONING APPEALS
COLLIER CYNTY, FLORIDA
By: -7~
TOM HENNING, CHAIRMAN
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MarjO~dent f
Assistant County Attomey
C L1E- 2003-^R -4544/RM/sp
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17E
RESOLt.ITION 2000-.-.lli
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF A CHURCH CONDITIONAL
USE I IN THE "E" ESTATES ZONING DISTRICT
PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 8, TOWNSHIP 50
SOt.ITH, RANGE 26 EASr, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, LawI of Florida, ~
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 pUl'lluant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for tb.c
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 l;onsidered the advisability of Conditional Use 1 of Section
2.2.3.3, in an "En Estates Zone for a church on the property hereinafter described, and has found as a
matter of fact (Exhibit " A") that satisfactory provision and arrangement have 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, an 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 Thomas R. Brown of Vega. Brown, Stanley & Burke, P .A., and Homere
Hyppolite of Naples Really Services, Inc., representing First Haitian Alliance Church, with respect to
the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein.
be and the same is hereby approved for Conditional Use 1 of Section 2.2.3.3. of the "E" Estates Zoning
District for a church in accordance with the Concep~al Master Plan (Exhibit "CO) and subject to the
".' ..tiIowing conditions:
.eXHJ'fj i r '\ 11"
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. Exhibit "D" which is attaChed hereto and incorporated by reference herein.
fiE
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Doncthia ~a.. dayof/~ J2OOO..
BOARD OF ZONING APPEALS
COLLIER C 0 A
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Approved II to Fonn and 11g11lturt on1,.
Legal Sufficiency:
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LEGAL DESCRIPTION
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BEING THE NORTH 1/2 OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST. LESS AND
EXCEPTING THE EAST 50 FEET
THEREOF RESERVED FOR ROAD
RIGHT-OF-WAY; EXCEPTING AND
RESERVING FOR ACCESS, RUNNING
WITH THE LAND PERPETUALL y, OVER
AND ACROSS THE SOUTHERL Y 15 FEET
OF LAND CONVEYED; AND GRANTING
AN EASEMENT FOR ACCESS, RUNNING
WITH THE LAND PERPETUALL y, OVER
AND ACROSS THE NORTHERL Y 15 FEET
OF THE SOUTH 1/2 OF THE SOUTH
. .
1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST. COLLIER
COUNT.Yo1 FLORIDA,
SAID PARCEL CONTAINING 2.38
ACRES. MORE OR LESS,
17E
,PNDlT'ONS OF APPROVAL '
~.2000.0.5.
" Is approval Is condll\Oned upon the folloWing sl\PUlations,equested by the Colll~r
. unty Planning Commission at its public hearing on AugUst 17 , 2000.
a. The current. Planning Manager maY approve rn\nOr changes In \h8
local\on, s~lng, or height of bUildings, structures, and Improvemants
authorized by \h8 conditional use. Expansion of the uses Identified and
approved within this cond~lonal use applical\on, or major changes to the
s~eplan submitled as part of this application, shali require the submittal of
a neW condll\Onal use application, and shall comply with ali applicable
County ordinanceS In effeel at the time of submi\IBl.lncludlng Division 3.3,
Site Development Plan Review and approval, of the CoDler County Land
Development Code, Ordinance (91-102).
b. A SIle Development plan (SOP) must be applied for and approved by \h8
Developmant ServiceS staff prior to \h8 Issuance of a bUlidlng permit.
c. If during the course of slle clearing, excavation or other constnlcllon
activItY an historic or archaeolOgical artlfacl Is found, aU developmant
within the minimum area necessary' to pratecl the discovery shall be
immediately stopped and the Collier County Code Enforcement
Department contacted.
d. Wetiand jurlsdlcUonal determinations and If necessary, permits from \h8
U.S. Arm'{ Corps of Engineers (ACOE) and the south Florida Water
Management Dlstrlcl (SFWMD) shall be presented prior 10 the final slle
plan/construction plan approval.
e. An appropriate portion of native vegetation shali be retained on slle es
required In Secllon 3.9.5.5.4. of the Collier County Land Development
code.
I. An exotic vegetation removal, monitoring, and maintenance (exotic free)
plan for the slle. with emphasis on areas of retained nalive vegetation,
shall be submitled to Current Planning Secllon Stall for review and
approval prior to final slle planlconstnlcUon plan approval.
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www.co.collier.fl.us
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17E
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DATE: June 12.2000 '
REVIEWED BY: Nan y L. Siemion @ 403-2400
PROJECT #: CD 2000..8
REVIEW NUMBER: 1
PROJEcr NAME: First
Haitian Alliance Church
STATUS:
APPROVED
HOLD
x
NO REVIEW
RECOMMENDATIONS and/or COMMENTS:
In order to meet minimum landscape code requirements, please address the following:
1. Provide a 15' landscape buffer along all internal property lines. Note: project is surrounded by estates
zoning: The landscape buffer is to be separate from the 15' access easement.
END OF COMMENTS
17E
7 - 20 - 03
First Haitian Alliance church
115 12th 51 North
Naples FL 34102
TO
Collier County Government
The board of the first Haitian alliance church requests, from
the collier county Board of county commissionners or to
whom it may applied, an extension for one year to the approval
of the conditional use to build our church on county barn road in naples
referred as CU- 2000-08 First Haitian Alliance church.
Enclosed is the appropriate fee along with this request
lbanks for your cooperation.
Respect , in ~~lfJ~oard
omere l~~
Church General secretary\ Registered Agent .
CUE-2003-AR4544
FIRST HAITIAN ALLIANCE CHURCH
PROJECT #2002080010
DATE: 8/412003 DUE:8/1812003
ROBIN MEYER
. t
EX\\'lbrr ~
,1t
September 22,2003
Attn: Georgia
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CUE-2003-AR-4544
Dear Georgia:
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Please advertise the above referenced notice on Sunday, September 28, 2003, and kindly send the
Affidavit of Publication, in duplicate, together with charges involved to this office,
Thank you.
Sincerely,
~~~
Trish Morgan,
Deputy Clerk
P.O.lAccount # 113-138312-649110