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Resolution 1997-079 FEB 1 1 1997 RESOLUTION 97---29 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE 2 IN THE RMF-6 ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, PANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature ot the State of Florida in Chapter 67-1246, Laws ot Florida, and Chapter 125, Florida statutes, has conterrGd on Collier County the power to establish, coordinate and entorce zoning and such business requlations as are necessary tor the protection at the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cade (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing requlations tor the zoning ot partiCUlar , qeoqraphic divisions ot the County, among which is the qrantinq ot , Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board tor the area hereby aftected, has held a public hearing atter notice as in said requlations made and provided, and has considered the advisability ot Conditional Use 2 at Section 2.2.5.3 in an RMF-6 zone tor a church on the property hereinatter described, and has found as a matter ot tact (Exhibit "AW) that satisfactory provision and arrangement have been made concerning all applicable matters required by said requlations and in accordance with SUbsection 2.7.4.4 of the Land Development Code tor the Collier County Planninq 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 ot Collier County, Florida that: The petition filed by William L. Hoover, AICP, ot Hoover Planning Shoppe and Beau Keene, P.E. ot Bruce Green' Associates representing Ferril A. Boutilier with respect to the property hereinafter described as: Late 8 and 9, Block A, Guiltord Acres, as recorded in Plat Book 3, Page 59, ot the Public Records ot Collier County, Florida. be and the same i. hereby approved tor Conditional Use 2 ot Section 2.2.5.3 ot the RMF-6 zoning district tor a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the tollowing conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the ainute. ot this Board. Commissioner , Mac'Kie ottered the foregoing i Resolution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYES: Commissioner Mac'Kie, Commissioner Norris, Commissioner Constantine, Commissioner Berry, and Commissioner Hancock NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this // day ot BY: T CHAIRMAN '. CU-96-23 RESOLUTION/1B733 Ce, FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-23 FEB t 11997 The tOllowing tacts are tound: 1. Section 2.2.5.3.2. ot the Land Devlopment Code authorized the conditional use. , 2. Granting the conditional use will not adversely attect the publIc interest and will not adversely affect other property cor uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pl~: Yes l/ No B. Ingress and egress to property and proposed structures thereon with particular reterence to automotive and pedestrian safety and convenience, trattic flow and control, and access in case of fire or catastrophe: Adequate ingresy & egress Yes .lL.- No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: I / 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 L/' No Based on the above findings, this conditional use should, with stipUlations, (copy attached) (' . - ~ be a recommended for approval . DATE: JI/I, /97 CHAI'ioo:'ti; &.;.- '/t't/(l;J ~t..~ I , FINDING OF FACT CHAIRMAN/IS?36 -"'~~t""A.--" '- ~.___--.-~._. .~~__'''M..__.^____.",~~..___ _'_""~'~_~'__.__' . h~ I! It B , ~ hi t'~~ rl *-1, . rl! Jill" u ~! .. I!: ~ 'a .. !' . -! hi IhU UIlJ r · . I . ""01 . ,s~ ~ <; "'- 1 Ii ~Q;: 0:., 1 \ 1 .. .....ft I ..__t- --- ---1---- - ----- 1 \ 1,ldJ"" : ," 1 lie I '~-f ! i :;~ , 1 I ~ -_ I 1 "I I ~ I Il - Ii i -. 'I - l ~ b ~ ,rg _I <( f: Ii :!l - ~: E '-' II ~ ~ i~ ,:,~ ~~ ~ ~ ~ ~' -I I "'.- -----... ~ II , rE ~; ,~ I I 1 I I I I I I I I,r ~I 10:..1 I f I ~ : J I .I I I 1 j, II I 1 Ii 1 'I : I II I I I FED 1 t 1997 I I III' 1 ~I 1 .' , I' 1 .' I' ~ I L___________L__5_ 1 I . I I j I ~I f I I -~ J ~ 1 ! . l ~ '" ~ ~~ f ' J ~ f f' 11Q;:~ ~! !~!f j ~~ H:~~l 'a 1 151 iUJ '''l( 1'1111 . ~ I .. 1 j j ~~~ ll!ll~~ t: r. tt!t; . 2-1 ". II ...... I I 'r ~~ ~t-f ~~ 1 ,~ I ~; ! t t ~fiiJJtl ~u t *1' i d It!: ~!'al'j i1kH UH J:'. If I Jju ~~hi~HH!i Exhibit "B" ,--._._.....,,~-,--, ...'-----,',.~~._-,-~._,-~.~.,,~~_.~,~.__._._,>-~-_._--~._~-. . FEB 1 11997 AGREEMENT I, William L. Hoover, as authorized agent tor Petition CU-96-23, agree to the tollowing stipulations requested by the Collier County Planning Commission in their public hearing on January 16, 1997. Plannina Services: a. The CUrrent Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements au~horized by the conditional use. Expansion at the uses identitied and approved within this conditional use application, or major' changes to the site plan submitted aa part ot 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 (91-102). b. Prior to final site Development Plan approval the preserve area shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. c. SUbstantial competent evidence shall be provided by the developer to the effect 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. d. The applicant shall be responsible for the installation of arterial level street lighting at all projects entrances. Any such lighting shall be shielded such that there shall be no spill-over or glare on adjacent residential properties. e. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued. f. The petitioner shall be responsible tor a tair share contribution toward intersection improvements at US 41 East/Guilford Road. EXHIBIT "C" -1- . .' . FEB 1 11997 State of Florida County of Collier PETITIONER OR AGENT The foreqoing Agreement Sheet was acknowledged before me this day of , I997 by who i. peraonally known to me or who hag produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: - ~~~R~ State of Florida County of Collier The foreqoinq A~~ement Sheet was acknowledged betore me this ~ day at ~ 6.6kt 1997 by M1&;bel A,. OsviA , who i. personally wn to .. 8. -.Ata ka. ....."... ae i~afttilicati.R and who ~ (did not) take an oath. ~ k- ~ (Signature of Notary Public) NOTARY PUBLIC Commission # (23;01'1 S I ~ /a My Co~mission Exp reel . '.~:IA. ,,10'f.1;~Y'... ~ Ct:CI1.lA r.. MARTIN NOTARY PUULlC S1'Ai'E OF FtORIDA COMMISSION NO, CC4S1612 COMMISSION EXP, AI'll71 999 -2- ,. 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