Loading...
Resolution 1999-063 17EiI"~ RESOLUTION 99-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH EXPANSION CONDITIONAL USE KI" IN THE KE" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 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. 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 yffiEREAS, 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 K1" of Section 2.2.3.3 in an ~EN Estates Zone for a church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "An) 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 Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist 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 expansion in accordance with the Conceptual ~aster Plan (Exhibit "C") and subject to the following conditions: 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 ~~, 1999. Attest as to ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-21 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 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: ao 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 No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district ; Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should~not) be recommended for approva 1 DATE: ~ER: C~AI R?IAH f/CU-98-21 FINDING OF FACT MEMBER/ E;:hi~i tao Tract 7, Golden Gate Estates, Unit 97, a~ recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. Exhibit B CU-98-21 06-940iS.doc I0 gz i Itt Exhibi~ C CU-98-21 Ii j,~, qlll Exhibit D Subject to the following conditions: a. Thc Planning Services Department Director Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional usc. 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 ora new conditional usc application, and shall comply with all applicable County ordinances in effect at thc time of submittal, including Division 3.3. Site Development Plan Review and approval, of the Collier County Land Development Code {Ordinance No. 91-102). b..ga appropriate portion of thc native vegetation shall bc retained on sitc as rcquircd in Stwaion 3.95_5.4. of the Collier County Land Development Code, as amended. c. An exotic vegetation removal, monitoring, and maintenance rexotic free) plan for the d. Should safety or operational conditions warrant, the applicant shall be responsible for the construction of turn lanes in accordance with Ordinance 93-64 at the project entrance off of Oakes Boulevard when determined necessary by the County's Transportation Department. Should the need arise for other roadway and intersections improvements to 18* Avenue and Oakcs Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at the time of construction. e, Per the Office of the Fire Marshall, upon reaching the maximum threshold for sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a reliable water source as approved by the Fire Marshal.