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Resolution 1998-236 13A 2 ",SOLUEOII 98- 236 A RESOLUTIOII PROVIDIIIG FOR TilE EST!,8LI:;IIMEIIT OF CHURCH AND DAY CAPE CEIITF.P. r:ONDITJONAL USE "7" AilCt "11" ItJ THE "'\" ZvlJING [JISTRICT PIJP.SUAtlT TO SECTIOtl 2.2.2.3 OF THE COLLIER COWl,', ~/o.IID DE'IELOPI'IE:;T CaDS FOR PP.OPERT'! LOCATED IN SECTION 31, TOWNSHIP 48 SOUTH, PAIIGE 26 EAST, COLLI ER COUtlT'!, FLORI DA. ~HE?EhS, the Legislature of the State of Florida in Chapter 67-1246. La',,;s of Florida, and Chapter 125, Florida Statutes, h~jS confer:~d en Collier ~ounty th~ p0w~r to eSld~lish, coordinate and enforce zc~ing and 5~ch bUsi~es5 r~gulations as a~e necessary for the prot~ctio~ ~~ ~he public: and WHEREAS, the County pursuant th~r~to lldS adopted ~ Land Develop~ent Code (Ordinance No. ~1-l02) which includes a Compr~he~sive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, ~mong which is th~ gra~ting of Conditional US~5: and ':JHSPE:.t.S, th-e Collier Count:; f'lailning C~,'TI..r,ission, being the duly appoi~ted a~d constituted planning board for the area hereby affec:~d, has held a public hearing after notice as in said regulotl~ns made and provided, and has considered the advisability of Conditional Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for a church a:.d day care center on the property hereinafter described, and has :c';;-,j ,15 d matter of fact (Ezr.ibit "A") that .satisfactory provisiG~ Jnd arrangement have hee~ made concernlnq all applicable matters requirea by said regulati~r.s and in accordance with Subs-ec:ion 2.7.4.4 of :he Land D~ve~opme~t CGde for the Collier Countf ~lann:ng Commission: and ~~EKEAS, all interested parties have been given opportunity to be he~rd by this Board in a public ~~~ting a~sembled and the Board havir.q ccnsidered all matters prese~ted. r-:m'l', THEREFORE BE IT RESOLVED, 5Y THE BOARD OF ZONING APPEALS of Collier ':ounty, florida that: -1- ?Ke petition filed by Dr. Neno ~. Spagna of Florida Urban Institute, Inc., representing Crossroads Com~munity Church, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by --f-.-nY. herein be and the same is hereby approved for Conditional Use "7" and "]1" of Section 2.2.2.3 cf the "A" zoning district for a church and day care center in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: i.A copy of SFWMD Permit or Early Work ?ermit is ~equ]red prior to final site plan approval. 2. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. Environmental permitting shall be ir, accordance with the State of Florida Envirenmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff· Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 4. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. CCLDC. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained nativ~ -,.~-ati~, shall be submitted to Current Planning En'.'ircnrental St-~ for review and approval prior to fina' site $1an/ccnstruction plan approval. ' Substantial competent evidence shall be provided at the time of Site Development Plan (SDP) Review that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Prior to Site Development Plan Review the petitioner shall be required to review the site plan with the Office of Capital Projects with respect to future right-of-way requirements for Livingston Road and Vanderbilt Beach Road Extension. Site-specific issues, such as turn lanes and street lighting, shall be reviewed and provided for at the site development plan stage. Pursuant to Section 2.2.25.8 of the Land Development Code, 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 i~ediately stopped and the Collier County Code Enforcement Department contacted. -2- 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 ~-QC~ day of ("~,,~c , 1998. BOARD OF ZONI~IG APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk Approved as to Fo~m and Legal Sufficiency: Marjc~ie £~. Student Assistant County Attorney f,'CU- ~-~ .: ES CLUT i ON Attest .~ t'~ Chairman's slgnjcure ~nl~. -3- FINDING OF FACT BY COLLIER COUNTY P~.~A_NNING COMMiSSiON FOR A CONDITIONAL USE PETITIOM FOR CU-98-4 The following facts are found: Section 2.2.2.3.7 and 2.2.2.3.11 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 ~'~' ~ n_l~nbc~..~od because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes t.~ No B. ingress and egress to .~roperty and proposed structur,_.::, thereon 'with particular reference to automotive and pedestrian safety and convenience, traffic flow and con_~ol, and access in case of fire or catastrophe: Adequate ingre~/& ?gress Yes No C Affects neighboring .~.?=~ in ~=] · $ ........ s -__ation to noise, glare, eco~..mic or odor effects: No affect or.. Affect mitigated by Affect canno~ be mitigated Do Compatibility with adjacent properties and other property in the distri-~:~- Compatible use wit~ district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~'~=~) be recommended/z~r approval f/C~J-gB-4 Fi:rDiNG CF FACT EXHIBIT "A" 13/ 2 LEGAL DESCRIPTION Section 31 Range 26 East Township 48 South The Southwest 1/4 of Southwest 1/4 of Southwest 1/4 and the West 1/2 of the West 1/2 of the Southeast I/4 of the Southwest 1/4 of the Southwest 1/4 Section 31, Township 48 South, Range 26 East, less the South 150' thereof for road right-of-way, Collier County Florida, containing 10 acres more or less. OR 1499, Page 1345. (Generally located on the Northeast corner of the Vanderbiit Beach Road Extension and Livingston Road Extended). EXHIBIT "B" IlillllliUilillllil Naples. F1 34t04 (94t) 403-t780 'T~ ~ o~ ~'.* .fl Master Plan Cross Roads C. orrumum ty Church L~ Cro~s Roads Community C~urch EXHIBIT "C" 13A 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-4 The following facts are found: Section 2.2.2.3.7 and 2.2.2.3.11 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 Management Plan: Yes No B. 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 C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do 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 approval DATE: CHAIRMAN: EXHIBIT "A" f/CU-98-4 FIelDING OF FACT CHAXRMAN/