Loading...
Resolution 1998-114 1 :',6- 1"~ RESOLUTION 98- 114 A RESOLUTION PROVIDING FOR THE RECONFIGURING 0F TIlF. PPOPF.PTY BOr)NDARTE:J OF' AN EXISTING CHURCH AND FOR THE ADDITION OF BUILDINGS AND P.A.PKIWi, r~()rIDITIO!lr\L USE "I", III THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2. /..1.3 OF THE COLLIE? COUNT'{ LAlH) ;)E'It:..O?:1ErlT CODE. fOR PROPERTY LOCATED IN :>Er:7I011 21), TOvll1SHIP 49 SOUTH, RAllGE n S,r.ST, COLL IE?, COUlITY, fLOP I Oil.. WHEREAS, the Leglslature of the State of florida in Chapter 67-1246, La./s r,f florida, and Chapter 125, florid,) StatlJu~s, has conferred on Ccllier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection 0: the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehenslve Z~ning Ordinance establishing regulations for the zoning of parti:~lar geographic divisions of the Ccunty, among which is the granting of Conditional Uses; and WHEREAS, t~e Collier County Planning Co~~ission, being the duly appointed and c)nstituted planning board for the area hereby affected, has h.~ld a public hearing after not ice as in sa id regulations mad.! and provided, and has consldered the advisability ot Conditional Use "1" of Section 2.2.3.3 in an "[" Estates zone foc reconfiguring the property boundaries of an existing church and [or addition of bui:dings and parking on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory prclvision and arrangement have been made concerning all applicable mattE,rs required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Col:ier 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 havlng considered all matters presented. 1 ~,Al." NOW, THEREfORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP of Hoover Planning Shoppe and Bea~ Keene, P.E., representing Golden Gate Assembly of God Church with respect to the property hereinafter described as; Exhibit "3" which is att.ached h0reto and incnrrfJr;H0d by rr1fcr':n'.:': h':u:in be and the sam~ is hereby approved for Conditional Use "1" of Section 2.2.3.3 of :he "E" Estates zoning district for reconfiguring the property bound~ries of an existing church and for addition of buildings and parking in accordance with the Conceptua 1 r~aster Plan (Exhibit "C"i clnd subject to the follo',>'ing conditions: 1. The Planning Services Director may approve minor changes in th~ 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 No. 91-102). 2. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifa:t is found, all development within the minimum area necess~ry to protect the discovery shall be immediately stoppe~ and the Collier County Code Enforcement Department contac:ed. 3. An app=opriate portion of native vegetation shall be retain0d on site as required in Section 3.9.5.5.4. CCLDC. 4. 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 Environmental Staff for review and appro,ctl prior to final site plan/construction plan approve,: . BE IT FURTEER RESOLVED that this Resolution be recorded in the minutes of this Board. -2 - , 5 A 1 ~. This Reso:ution adopted after motion, second and majority vot0. Done this ~~____ day of --~~~L-___' 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY'B~B~~~~--- ATTEST: DWIGHT E. BROCK, Clerk I ,- , .I (' :./ .' - ,'/'-1 {J' /~7~~ X;"7"r""( . Approved as to ~orm and Legal Sufficien~y: ~,i 0Il.drJld.J4 Marj ie 11. Student Assistant Count! Attorney !/CU-91-27 PESOLUT:cn ltt~;t t~ ,~ (',a\rc;111'S '":i~~,;~. . ~ .~ -3- 1 3 A 1 ~. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-27 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Gr~ntin~J the conditional use will not adversely affect the public :nterest 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 v No B. Ingress and egress to property and thereon with particular reference to pedestrian safety and convenience, control, and access in case of fire Adequate ingress & egress Yes I./"" No proposed structures automotive and traffic flow and or catastrophe: C. 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) (.g\..I_lJ .._~~ be recommend~e approval DATE: t.J/J&/9f CHAIRMAN~dd ~ F/CU-97-27 FINDING 0,," FACT CHAIP.MA!// ~ 1 3 A 1 ~. CU-97 -27 Legal Description .. . . .. . _ ~., ..: ~ i; .-;~~\', The west 520 feet of Tract 150 and the west 520 feet of the south 150 feet of Tract 149 and exc1udimz the 60 foot easement for 39th Street Southwest right-of-way. Golden Gate Estates. Unit No. 28. as recorded in Plat Book 7. Pages 19 - 20. of the Public Records of Collier County. Florida. EXHIBIT "B- r · I , r~--t- { ,tT. !/. I.t- I d! " Jll.J1j- ! HJ . !:: !;: ~H r JU '(d Flh'JJ if:~~ IlJf ilJfi!Ji ;Uii 1 · I i'n ... r . I st I !! f II Ai : Trr -L . I. ,; i Ii -,. .... .,..~ n :;;~ > ".- J -. ---J -'jl 6 -t r~, , - r ---l ..._ 1 JI .' If .~ ~I !r u_._ -------- -. .----u-----__.__________...___u \.... MOl ,.,.,., .001 IU I" ., II If I"): to,; ! - :. ". (' ,. ~. ~ ~- ~ ~I! JJ ~ ~Ji " j ~r'/f 0... e il .fJ ~ 21i ~ ~ ~i! ~J ~ ~il H .... I"~ ~ ~ t:~ > LJ ~, * .f .~ Z P It' I. ~I ~ , 11 .' If II