Resolution 1997-142
RESOLUTION 97- 142
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHURCH EXPANSION AND ACCESSORY USES AND A
CHILD CARE CENTER CONDITIONAL USES "7" AND
"11" IN THE "A" ZONING DISTRICT PURSUANT TO
SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Lawn of 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 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 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 the area hereby affected,
has held a public hearing after notice as in said regulations 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 church expansion and
accessory uses and a child care center on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that
satisfactory provision and arrangement have been made concerning all
applicable matters required by said 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 ZONING APPEALS of
Collier County, Florida that:
Tho petition filed by Agnoli, Barber & Brundage, Inc. representing
Community Congregational United Church of Christ, with respect to the
property hereinafter described as:
All that certain property situate, lying and being in Collier
County, Florida, more particUlarly described as follows:
Commencing at the intersection of the East-West 1/4 section
line of Section 9, Township 48 S., Range 25 E., and the
eastern right-of-way line of SR-45 (U.S. Highway 41) as
monumented by the Florida Department of Transportation, as a
place of beginning; thence in a Northerly direction along the
eastern right-Of-way line of SR-45 (U.S. Highway 41) a
distance of 400.00'; thence in an easterly direction parallel
to, and a distance of 400.00' from, the East-Hest 1/4 section
line of Section 9, Township 48 S., Range 25 E., a distance of
545.00'; thence in a Southerly direction, parallel to, a
distance of 545.00' from, the easterly right-Of-way line of
S.R. 45 (U.S. Highway 41) a distance of 400.00'; thence in a
westerly direction along the East-West 1/4 section line of
Section 9, Township 48 S., Range 25 E., a distance of 545.00'
to the place of beginning and containing 5 acres, more or
less.
be and the same is hereby approved for Conditional Uses "7" and "11" of
Section 2.2.2.3 of the "A" zoning district for church expansion and
accessory uses and'a child care center in accordance with the
Conceptual Master Plan (Exhibit "B") and subject to the following
conditions:
a. The Planning & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, and improvements authori.zed 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).
b. All subsequent development is subject to all applicable
divisions and sections of the Collier County Land
Development Code.
c. The County and FOOT reserve the right of access control
under the existing four-lane or future siX-lane
condition for U.S. 41 North. Nothing in any development
permit issued by the County shall operate to vest any
right to a median opening in this project, nor shall the
County be liable for any claim of damages due to the
presence or absence of any median opening at any point
along any road frontage of this project.
d. 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.
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FEB 2 5 1997
e. Road improvements required for this project, both site
specific and system capacity, shall be in place prior to
the issuance of any Certificates of Occupancy for the
development.
f. Project entrances shall be designed to preclude the
backing"up of entering vehicles onto adjacent public
roadways.
g. An analysis of off-site water runoff from outside the
project boundaries which historically passed on, over or
through areas of the subject property shall De prepared
and included in the required South Florida Management
District surface water management permit application for
the project. All off-site flow collection and routing
facilities required to be created through the South
Florida Water Management District permit process shall
be incorporated into the development order for any
subsequent application for Site Development approval.
h. Construction traffic shall be limited to the existing
access directly from U.S. 41 near the southwest corner
of the property. No construction traffic shall utilize
the existing access through Szabo Nursery.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
ainutea of this Bo~rd.
This Resolutidn adopted after motion, second and majority vote.
Done this
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day of
~// ,1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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ROVED AS TO, 'FDRH AND
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ASSISTANT COUNTY ATTORNEY
CU-96-25 RESOLUTION/18793
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