Resolution 2000-275
178
RESOLUTION 2000- ~
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF A CHURCH CONDITIONAL
USE 1 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 SO
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 confeITed 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. 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 a church on the property hereinafter described, and has found as a
matter of fact (Exhibit II 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, 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 Thomas R. Brown of Vega, Brown, Stanley & Burke, P.A., and Homere
Hyppolite of Naples Realty 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 I of Section 2.2.3.3. of the "E" Estates Zoning
District for a church in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
-1-
17B '
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~/~::~, day of .~,~,[~ ,2000.
BOARD OF ZONING APPEALS
COLLIER~RIDA
ATTEST:
DWIGHT E: BROCK. Clerk
'-~, - '. Attest as to
ApproVed as to Form and S IgSiltOVe
Legal Sufficiency:
~V~a~ori~} M. Student
Assistant County Attorney
g/admin/CU-2000-08/RESOLUTION/CB/cw
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
178
CU-2000-08
The following facts are found:
Section ~.2.3.3.1. of the Land Development Code
authorized the conditional use.
2 o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes ~/No
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 fire or catastrophe:
Adequate ingress & egress
Yes L// No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
[/No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties
property in the district:
Compatible use within. district
Yes Lz/ No
and other
Based on the above findings,
aSpSOhS, (copy attached)
DATE:
this conditional use should, with
(should not) be recommended for
CHAIRMAN:
EXHIBIT
17B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
~U-2000-O~
The following facts are found:
Section 2.2.3.3.1. of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management ~n:
Yes No
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 fire or
catastrophe:
Adequate ingress & e~ress
Yes ~ No
Affects nei9hboring properties in relatio~ to noise,
gl~, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use~ithin district
Yes ~/ No
Based on the above findings,
/_~pul~ons, (copy attached)
appro~
f/FINDING OF FACT MEMBER/
this conditional use should, with
(should not)~comrnended for
178
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2000-08
The following facts are found:
Section 2.2.3.3.1. of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management P~n:
Yes No
Bo
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 fire or
catastrophe: ~es
Adequate ingress & s
Yes No
Affects~eighboring properties in relation to noise,
glare~conomic or odor effects:
_ ~ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use/w~'~n district
Yes No
Based on the above findings,
stipulations, (copy attached)
approval
DATE:
this conditional use s~O~d, with
/should no ) ec me ed for
MEMBER .~ ,
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
.CU-2000-08
The following facts are found:
Section ~.2.2.3.3.1. of the Land Development Code authorized
the conditional use.
2 o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management P~:
Yes No
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 fire
catastrophe:
Adequate ingress & egress
Yes V No
or
Affects neighboring properties in relation to noise,
gla~e, economic or odor effects:
'w' No affect or __ Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes V' No
Based on the above findings,
stipulations, (copy attached)
approval
DATE: '~t '7 ~¥~
this conditional use should, with
(should not) be recommended for
f/FINDING OF FACT MEMBER/
17B
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
__CU-2000-0~
The following facts are found:
Section 2.2.3.3.1. of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Managemen~ ~an:
Yes/~j No __
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
uraffic flow and control, 'and access in case of fire or
catastrophe:
ingress~ress
AdequateYe~-- No __
C. ~f~cts neighboring properties in relation to noise,
l~/~e, economic or odor effects:
_/~ No affect or __ Affect mitigated by
/ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the ~i~rict:
Compatible ~within district
Yes/ No
Based on the above findings, this conditional use should, with
s t ipul a t ior/~y~t t ached)
approval
DAT :
f/FINDING OF FACT MEMBER/
178
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
~U-2000-0~
The following facts are found:
Section ~2.2.3.3.1. of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management P~:
Yes No
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 fire or
catastrophe:
Adequate ingress & egress
Yes
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~"~No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~-~ No
Based on the above findings,
ula~ons, (copy attached)
ova~l? .
this conditional use should, with
(should not) be recommended for
f/FINDING OF FACT M~MBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
__CU-2000-08.
The following facts are found:
Section 2.2.3.3.1. of the Land Development Code authorized
the cor~ditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
no
Consistency with the Land Development Code and
Growth Management Plan:
Yes %/ No
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 fire or
catastrophe:
Adequate ingress & eguess
Yes t// No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~/No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~/ No
Based on the above findings,
stipulations, (~opy attached)
approval
DATE:
this conditional use should, with
(should not) be recommended for
MEMBER:
f/FINDING OF FACT MEMBER/
LEGAL
DESCRIPTION
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, RAN6E 26 EAST, LESS AND
EXCEP TING THE EAST 50
THEREOF RESERVED FOR
RIGHT-OF- WA Yj
RESERVING FOR
WITH THE LAND
FEET
ROAD
EXCEP TING AND
ACCESS, RUNNING
PERPETUALL Y, OVER
AND ACROSS THE SOUTHERLY 15 FEET
OF LAND CONVEYED.' AND GRANTING
AN EASEMENT FOR ACCESS, RUNNING
WITH THE LAND PERPETUALL Y, OVER
AND ACROSS THE NORTHERLY 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 26EAST, COLLIER
COUNTY, FLORIDA.
SAID PARCEL CONTAININd 2.38
ACRES MORE OR LESS.
Exhibit "B"
_ Exhibit "C ....
17B
CONDITIONS OFAPPROVAL
CU~000~5
This approval is conditioned upon the following stipulations requested by the Collier
County Planning Commission at its public hearing on August 17, 2000.
The Current Planning Manager may approve minor changes in the
location, siting, or height of buildings, structures, and improvements
authorized by the conditional use. Expansion of the uses identified and
approved within this conditional 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).
A Site Development Plan (SDP) must be applied for and approved by the
Development Services staff prior to the issuance of a building permit.
If during the course of site clearing, excavation or other construction
activity an historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement
Department contacted.
Wetland jurisdictional determinations and if necessary, permits from the
U.S. Army Corps of Engineers (ACOE) and the South Florida Water
Management District (SFWMD) shall be presented prior to the final site
plan/construction plan approval.
An appropriate portion of native vegetation shall be retained on site as
required in Section 3.9,5.5.4. of the Collier County Land Development
Code.
An exotic vegetation removal, monitoring, and maintenance (exotic free)
plan for the site, with emphasis on areas of retained native vegetation,
shall be submitted to Current Planning Section Staff for review and
approval prier to final site plan/construction plan approval.
EXHIBIT "D"