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Resolution 1997-060 RESOLUTION 97- 60 RELATING TO PETITION NO. CU-95-18 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HERBIXAPTER DESCRIBED IN COLLIER COtJN'l'Y, PLOJUDA WBBRBAS, the Leqislature of the state of Florida in Chapter 125, '1.. ..'~ l'lorida Statutes, has conferred on all Counties in Florida the power to . ;.: ..tabliab, coordinate and enforce zoning and such business regulations .. are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Developaent Code (ordinance No. 91-102) which establishes c~rabenaive " soninq regulations for the zoning of partiCUlar divisions of the County, ..ong which is the granting and extending the ti_ period of COnditional Uses; and MHBREAS, on January 23, 1996, the Board of Zoning Appeals enacted Raeolution Ho. 96-28, which granted a conditional use pursuant to ordinance No. 91-102, as amended expansion of an existing church and child care center, on the herein described property; and , WHEREAS, Subsection 2.7.4.5 of the Land Developafmt Code providea that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been c~cedl NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeal. of COllier County, Florida that: The written request of Jack Gilliland, Architect of Gilliland Associates representing Naples First Alliance Church for the first of three (3) permitted one (1) year extensions, in interest of the following described property: The West 1/2 of the West 1/2 of Lots 25 and 26 and the West 40 feet of the West 1/2 of the East 1/2 of the West 1/2 of Lots 25 and 26, Naples Groves and Truck Co'. Little Faras NO. 2 according to the Plat thereof recorded in Plat Book 1, Page 27, Public Records ot Collier County, Florida, les. the West 30 teet and the North 30 teet and the South 260 teet ot the betore mentioned property, and les. the Southerly 23 teet ot the above described parcel. -,:( .j . , . '4 I j .i . < JAN 2 f 1997 . i. hereby approved pursuant to Subsection 2.7.4.5 of the Land Developaent Code (ordinance No. 91-102), and the expiration date for Resolution No. 96-28, attached hereto and incorporated herein a. Exhibit "A", and all conditions applicable thereto, is extended hereby for one year until January 23, 1998. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainutes of this Board and in the records ot the Petition for which the extension is granted. , : 'J Thi. Resolution adodpted atter motion, second and aajority vote. day ot 5h /Y- V' BOARD OF ZONING .APPEALS COLLIER COUNTY, FLORIDA BY,~atAI.... Done this .:1,/ , 1997. , .' "'. ,'; " :.:,..~. ..... ':"'! "'1, O'for.,' \ f': I,'" :, I" 'Of. ,.".' . '. " ,.,.....t..:....;--... -t. ". , -, ./A'r~..t5:r~': .~. . ....; '(1 ..~ , ,:..' WiGHT' E.~sRoa:i.. CLERK : .f\e!' J ~ _;: <""1,-,', t""': .;. ~.. . r 'J:.'" . '......... .: ~ .. - . . ~ ~r . ~:-.: ';;,-: ~ ~ " I', . , ::--":~' "AS'Tb'.-FORM AND LEGAL SUFFICIENCY: '." ',.. '" ...... ,.'" ..... ~.~~ 'I.'~" ~ 1\-' ..... i ~. ~~1-'h: {>-<~J'c:t , 1IARJ---oRlE"1i: STUDENT ASSISTANT COUNTY" ATTORNEY ~ ; ...,,:.. .t CU-95-18 EXTENSION RESOLUTION/19116 RESOLUTION 96--l! A RESOLUTION PROVIDING FOR THE ESTABLISBKEHT OF CONDITIONAL USES "2" AND "4" FOR A CHURCH AND DAY CARE CENTER CONDITIONAL USE I1C 'fIlE RSF ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPHEMT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWMSBIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. . "1 1fBEREAS" the Legislature ot the State ot Florida in Chapter '7-124', Laws ot Florida, and Chapter 125, Florida Statut.., has conferred on Collier County the power to establish, coordinate and entorce zoning and such business regulations as are necessary for the protection ot 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 tor the zoning ot particular qeoqraphic divisions of the County, among which is the granting ot Conditional Uses; and WHEREAS, the Collier County Planning Commis.ion, being the duly appointed and constituted planning board tor the area~hereby aftected, . has held a public hearing after notice as in said regulations aade and provided, and has considered the advisability of Conditional Uses "2" and "4" ot Section 2.2.4.3 in an RSF zone tor a church, and related . l~ , " , ;" aulti-purpose/fellowship hall, and day care center on the property hereinafter described, and has found as a matter ot tact (Exhibit "An) that satistactory provision and arrangement have been aade concerning all applicable matters required by said regulations and in accordance with SUbsection 2.7.4.4 ot 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. IfOW, THEREFORE BE :IT RESOLVED, BY THE BOARD OF ZOlfXKG APPEALS of Co11ier county, Florida that: The petition filed by Jack Gilliland, Architect of Gilliland Associat.. representing First Allianca ~hurch with re~ to the ~o_LJ: herelnatter ducribed as: ,The West 1/2 of West 1/2 of Lot 25 and 215 and ...t 40 feet of ...t 1/2 of East 1/2 of West 1/2 of Lot 25 and 215, "aples G1vV.s and Truck Co's Little Faras No. 2 according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida, less the West 30 feet and the North 30 fe.t and the South 2150 teet of the before .entioned property, and l..s the SOUtherly 23 feet of the above describad parcel. be and the SlUlle is hereby approved for Conditional Use -2- and -3- of ,Sec:t:ion 2.2.4.3 of the RSF zoning dhtrict for a church and. school in accordance with the conceptual Master Plan (Exhibit -C-) and subject to .the tollowing conditions: a. The Planning , Technical Services Manager '..y approve .inor change. in the location, siting, or height of buildings, structures, and improve..nts authorized by the conditional u.e. Expansion of the uses identified and approved within this conditional use epplication, or major changes to the site plan su~ittad as part of this application, shall require the su~ittal of a new conditional u.e application, and shall co.ply with all applicable County ordinances in effect at the ti.e of submittal, including Division 3.3, Site Develo~ent Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). This approval does not constitute an approv_l of the conceptual site development plan and shall not be interpreted to .ean that the number of parking spaces is the number of parking space. required for the land use activities generally displayed by the Conceptual Site Development Plan. The extent to which the land use activities herein requested, and their intensity of use may be achieved will be a function of coaplting with all of the requirements of the Land Develop.ent Code. The.e requirements will be applied when application is made for site Development Plan approval, except that the day care center shall not ~e designed to accommodate in excess of fifty (50) children which shall govern its .aximum enrollment at any time without foraal amandaant to this conditional u.e. b. c. Adequate turning radii for buses and delivery vehicles shall be made at project entrances prior to the issuance of a building permit for the first phase of construction. Said turning radii shall be designed and construction plans submitted in conjunction with an application for site Development Plan approval. Arterial leval street lilhting shall be installed at each project entrance pr or to receipt of e Certificate of Occupancy for any of the phased devalopaent. parking lot light standards shall be installed in such a ..nner to prevent glare that WQlIld aanate froa said standards and that _ld aUect adjoining r..ident:lally zoned property. Thle shall be lJapl_ted for any new light standards added or replaced at tha tt.e lJaprovementa ar.. persitted. -2- . d. e. .. .- .. ."':... JAM 2 1 1997 BE IT FURTHER RESOLVED that thb Resolution be recorded in the . ainutes ot thb Board. co.aissioner Hancock offered the for89oing bsolution end .oved for its adoption, seconded by c:o..i.sioner ...tth.V8 and upon roll call, the vote ".a: Co..issioner Hancock, Commi..ioner Matthev., Coeei..ioner "aC'Kie~ and cosai..ioner Horrl. AYDI BYSI 'IBIIIT AND ROT VOTING: Cosal..ioner Constantine U.....~..lOlfI ., Done thla 23 day of January . 1996. :, ~U" iI'. .' I ~l~&Afl .:~_ DWIGBT E. BJtOCJ;, c::LERJ: ~.i . ~~~_ ;. i.P~ AS.it FORM AND . .~ stJFFI,C~ CY: f; ~_ "")"r{:.~ cc ;'~_ 'Tn-lki..(-U.,~ liiitiotIE H. STUDENT ASSISTANT COtINTY ATTORNEY CU-9S-18 RESOLUTION/15595 BOARD or ZONING APPEALS COLLI~A . , BY: ;'. ~-c"'- ?'" C. RRIS/~b . FINDING OF FACT BY COLLIER COUNTY PLANNING COMHISSION FOR A CONDITIONAL US! PETITION FOR 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 reterence to automotive and pedestrian satety and convenience, trattic tlow and control, and access in case ot tire or catastrophe: Adequate ingress , egress Yes 'X No c. Attects neighboring properties in relation to noise, glare, economic or odor ettects: ~ No attect or Attect mitigated by Attect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di.trict Yes)\ No Based on the above tindings, thi. conditional l1IIe should, . with stipulations, (copy at;\!':h-!), ~ld~) be reco.aended tor approval ~I~\_ . DATE:J ').\~ ~~ . 1mmU:~.p ~DfG OF FACT ImmER/md :.,....r... '."-.' ~ :....... ..... ~.. . . . , "~ :. ..:. . .,.-....:"I'.} ." :,'" Co ~.,.,.". lxb1blt -II.- "