Resolution 1996-140
13A 1
RESOLUTION 96-~O
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH CONDITIONAL USE "1" IN THE "RMF-6"
ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3.1
OF THE COLLIER COUNTY LAND DEVE1~PMENT CODR
FOR PROPt.1lTY LOCATED III SECTION ., TOWNSIlII' 47
SOUTH, RANGE 29 EAST, COLLIER COU~TY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws ot 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 publici and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) wh~ch 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 th(! area hereby affected,
h~s held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "1" of
Section 2.2.5.3.1 in an "RMF-6" zone for a church on the propfl2rty
hereina.fter described, and has found as a matter of fact (Exhibit "A")
that satiSfactory provision and arr~ngement have been made concerning
all applicable matters required by ~~id 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 ZONI/lG APPEALS of
Collier County, Florida that:
The petition filed by Dr. Neno J. Spagna of Florida Urban
Institute, Inc., representing Trustees First Baptist Church of
Immokalee with respect to the property hereinafter described as:
East 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 less the North
30' of Section 4, TownShip 47, Range 29, Collier County, Florida,
being 4.79 acres more or less, as recorded in Plat BOOK 1384, Page
989, of the PUblic Records of Collier County, Florida.
-1-
13A 1
and the same is hereby approved for Conditional Use "1" of Section
2.2.5.3.1 of the "RMF-6u zoning district for a church in accordance
with the Conceptual Master Plan (Exhibit "B") and subject to the
following conditions:
A. The Planning & Technical Services Manager may approY~ 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 ot this application, shall require the
subMittal ot a new conditional use application, and shall
comply with all applicablA County ordinanco~ in effect at the
~ime of submittal, includlny Division J.J, Site Development
Plan Review and Approval, of the Collier County Land
Development Code (Ordin~nce No. 91-102).
b. Phases of construction involving impacts to jurisdictional
wetlands shall require permits or letters of exemption from
applicable regul~tory agencies prior to final site development
plan approval.
c. Environmental permitting shall be in accordance with the state
of Florida Environmental Resource Permit Rules and be subject
to review and approval by Current Planning EnvJronmental
Roview Statt. Removal of exotic vegetation shall not be
counted towards mitig~tion for impacts to Collier County
juriSdictional wetlands.
d. An exotic vegetation removal, monitoring, and maintenance
(exotiC-free) plan for the site, shall be submitted to Current
Planning Environmental Review Staff for review and approval
prior to final site development plan approval.
e. The FOOT notification shall be required prior to the
commencement of Phase II activities.
f. The applicant shall be responsible for any repairs to
County-maintained roads adjacent to the site caused by the
applicant's building operations.
g. The applicant shall provide a fair share contrihution, based
on traffic data, if applicable, to the upgrading or
installation of traffic signal systems following Phase II
construction at the following locations:
SR 29/Ninth Street
SR 29/Roberts Avenue
SR 29/Immokalee ~rive
SR 29/Lake Trafford Road
SR 29/West Main Street/Eleventh Avenue Extended
h. The applicant shall provide arterial level street lighting at
the proj~ct entrance, prior to the issuance of a Certificate
of Occupancy for any phase relative to new or existing project
entrances.
i. If required by the Collier County Transportation Services
Department, the applicant shall provide both left-turn and
right-turn lanes at the project entrance 00 West Main Street
upon commencement of Phase II construction.
j. The applicant shall improve the segment of West Main Street
from the property frontage east to SR 29 upon commencement of
Phase II construction. Improvements shall be to current Land
Development Code parameters for a local street.
-2-
1l3A 1
k. The applicant shall improve the intersection of SR 29 and West
Main Street to accommodate the increased traffic volumes and
turning movements upon commencement of Phase II construction.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
Minutes of this Board.
Commissioner
MA.rl-h.,.""q
offared the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac'Kie
and upon roll call, the vote was:
AYES: Commissioner Matthews, Conl,l1i3s1oner Mac I Kie, Commissioner Hancock,
Commissioner Constantille, ~nd Commissioner Norris
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
/d--
day of ~~~__, 1996.
BOARD OF ZONING APPEALS
COLLIER ,S9'~TY, f::<"R;DA
/ / ~/
BY: ~~~~-C-~)
~~H)RRIS, CHAIRMAN
l,TTEST:
DWIGHT E. BROCK, CLERK
9j1_
AND
Yn.~/; m,~L
MARJ IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-95-25 RESOLUTIONjDOC.16271
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITI~NAL USE PETITION
FOR
CU-95-25
l1A '~l'~
The following facts are ~oun~:
1. Section 2.2.5.3.1 of the Lnnd Devlopment Code authorized
the conditional use.
2. 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:
DATE:
7...) I~/,,,
CHAIRMAII:~
A. Consistency with t~e Land Development Code and
Growth Manage~ent Plan:
Yes _---L No
B. Ingress and egress to proper ty c:'nd. proposed
structures thereon with particuiar reference to
automotive and pedestrian safet}' lnd convenience,
traffic flow and control, and a(:c!~ss in case of
fire or catastrophe:
Adequate ingress/,& egress
Yes /' No
C.
Affects neighboring properties in relation to
noise,Alare, economic 0':- odor effects:
~No affect or Affect mitigated by
- Affect cannot be mitigated
D. Compatibility with adJacent properties and other
property in the distrlct:
Compatible use wiLhin istrict
Yes No
--
Based on the above findings, this c~dit!E~al use should,
with stipulations, (copy attached) (0houldJ ~ be
recommended for approval
FINDING OF FACT CHAIm1ANj
-
,-"'\--J
fINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
:'OR
CU-95-25
13 A 'l~
The following facts are found:
1. Section 2.2.5.3.1 of the Land Develop~ent Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and ^ill not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Develo~ment Code and
Growth Management Plj'n:
Yes ---Y'_ No
B.
Ingress and egress to property and proposed
structures thereon with particulnr reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egFess
Yes V Nc
C.
Affects neighboring pruperties in relation to
noise, qlare, econo~ic/)r odor effects:
No affect or ,/ Affect mitigated by L~K
Affect canr..)t be mitigated
D.
Compatibility with adjacent properties and other
property in the district:
Compatible use yithin district
Yes \I No
~
Based on the above findings, this conditio
with stipulations, (copy a alep) (shou
recommended for approva 1 L 'J 'Z
DATE: ').I;I,/,/~
FINDING OF FACT MEMBER(16274
j/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDTTIONAL USE PETITION
fOR
CL-95-25
13A
1
A. Consistency with the Land Development Code and
Growth Managemen~Plan:
Yes ~ No
The following facts are found:
1. Section 2.2.5.3.1 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the S2~e district O~ neighborhood
because of:
B. Ingress and egress to property and proposed
structures thereon with particula'. reference to
automotive and pedestrian safety ~nd convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress ~egress
Yes" No
C. Affects neighboring prop~rties in relation to
n~ise, glare, econo~ic or odor effects:
, No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adJ3cent properties and other
property in the district:
Compatible ute within district
Yes ~ No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be
recommended for approval ~
'm'~~ ''"'''~::lIt:''
FINDING OF FACT MEMBERj16274
,.
...
Based on the above findings, this conditional use should,
with stipulations, .(.COj'>'f-allac.llt:L1) (sl>mrtd- Met) be
recommended for approva 1 /'-;'i'ni 1)
DATE: :::/'\-/)( MEMBER:
I ;'
/', It /
! ,'kU ~/f,i}j/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A COND"~TONAL USE PETITION
FOR
Cli '95-25
The following facts are found:
1. Section 2.2.5.].1 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely aff~ct other
property or uses in the sa~e district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Manag~t ~an:
,Yes v'. No
B. Ingress and egress to property ~nd proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and 3ccess in case of
fire or catastrophe:
Adequate ing~ &yegress
Yes .rL- No
~
C. Affects neighboring prop~rties in relation to
noise, glare, economic or odor effects:
,/' No affect or _____ Affect mitigated by
- ___Affect canrlot be mitigated
D. Compatibility ~ith adJ1cent pro~erties and other
property in the distr:ct:
Compatible-Use within district
(Yes~ / No
FINDING OF FACT MEMBER/16274
13A 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
ClJ-95-25
C. Affects neighboring properties in relation to
noise/ glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitiguted
The following facts are found:
1. Section 2.2.5.3.1 of the Land Develop~ent Code
authorized the conditional use.
2. 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 PI~:
'fes ~ 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 & egyess
Yes V No
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes v" No
Based on the above findings, this conditional use should,
with stipulations, (copy aflaChed) (should not) be
recommended for approval _fffl4'll..C . ~
DATE:-L~ (US 1lz.- MEMBER:~?~l
FINDING OF FACT MEMBER/16274
. .' ' . -, " ..... ' , ' . , . ' "., . t.. ,: . .! ~ .. .
..
FINDING Of fACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITICNAL USE PETITION
FOR
CU-95-25
131 1
The following facts are found:
1. Section 2.2.5.3.1 of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely aff2ct other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Gro'"th Management Plap:
Yes / No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safet)" ~nd 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
no~ glare, economic or odor effects:
No affect or Affect mitigated b~
Affect cannot be mitigated
D. Compatibility with ad.acent properties and other
property in the district:
Compatible use w~in district
Yes ~ No
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (should not) be ~. ,
recommended for approval . _
DATE: ;/j;~ /7(. MEMBE~~-a-~.Et{ . 0
I ,
FINDING Of fACT MEMBERj16274
13A 1
FINDING Of fACT
BY
COLLIER COr:~!TY PLANNING COMMISSION
fOR
A CONDTT1(;>lAL USE PETITION
fOR
CIJ-95-25
The following facts are found:
1. Section ~.2.5.J.l of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely aff~ct other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Layd Development Code and
Growth Management Plft~
Yes 1/ No
B.
Ingress and egress to property and proposed
structures thereon with particula: reference to
automotive and pedestrian safetj' lnd convenience,
traffic flow and co~tro , and access in case of
fire or catastrophe:
Adequate ingress & e ess
Yes No
Affe~ neighboring properties in relation to
n~'~lg].are, economic or odor effects:
No affect or Affect mitigated by
----- Affect cannot be mitigated
C.
D. Compatibility with adiacent properties and other
property in the distri~:
Compatible use~thin district
Yes No
Based on the above findings, this conditional use should,
with stipulations, (copy attached)
recommended for approval
DATE: dj;v1'i&' MEMBER:
fINDING Of fACT MEMBER/16274
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