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Resolution 1996-192 13A2 APR - 9 1996 RESOLUTION 96--122 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH, CONDITIONAL USE 2, IN THE "RSF-)" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws 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 tor the zoning ot partiCUlar geographic divisions ot the County, among which 1s 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 Use 11211 of Section 2.2.4.3. in an "RSF-31t zone for a church on the property hereinafter described, and has found as a matter of fact (EX~1ibit "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: The petition filed by Barbara H. Cawley, AICP, of Wilson, Miller, Barton & Peek, Inc., representing the Naples New Haitian Church of the Nazarene ~,ith respect to the property hereinafter described as: -1- ;I~/,:J.?4 -"__"__"__M ."""_'''_,,_,~., -~_.'''~'~''''"'_''''''''''~~'~~''N..._..,^ 13~2 APR - 9 1996 Lot 99, Naples Grove' Truck Co., Little Farm #2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. be and the same Is hereby approved for Conditional Use 2 of Section 2.2.4.3 of the "RSF-3" zoning district tor a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. Arterial level street lighting shall be provided at both access points prior to the issuance of any Certificates of Occupancy. 2. The church shall be responsible tor both northbound and southbound turn lanes from Bayshore Drive into the property'when requested by Collier County. The northbound right turn lane may, however, be deferred until further site-specific traffic analysis indicates the need for the turn lane is present. 3. The southbound left turn lane should be a requirement of the buildout development. If further traffic analysis indicates the need for the left turn lane before the second phase of development, the second phase should be dependent upon the turn lane being in place prior to the issuance of building permits for the second phase. If the turn lane is not required until buildout, it shall be required to be in place prior to the issuance at any Certificate of Occupancy for the second phase. 4. The applicant shall confirm a positive drainage outfall, and the adequacy thereof, for purposes of project buildout. Should the drainage outfall require capacity improvements, the benefiting parties shall incur a fair share cost of such improvements. 5. 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 Environmental Review Staff. Removal of exotics shnll not be required east ot Constitution Orive unless required in the wetlands in accordance with SFWMD permit. 6. Environmental permitting shall be in accordance with the State of Florida Environmental Resourco Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal ot exotic vegetation shall be in accordance with the Collier County Land Development Code. 7. Prior to Final Site Development Plan approval the Petitioner shall submit a management plan pursuant to Collier County Land Development COde, Section 3.9.5.3. 8. All conservation areas shall he recorded on the plat with protective Covenants per or similar to Section 704.06 of the Florida Statues. Conservation areas shall be dedicated on the plat to the project's owner entity for ownership and maintenance responsibilities and to Collier County with no responsibility tor maintenance. 9. Buffer zones will be placed around wetlands in accordance with South Florida Water Management District requirements. -2- yJ~/tJ,$.8 M "_'~_"."<..._____~~",_.,.._......_.<_<_.,.__,~"".__",,_.. 10. Prior to final Site Development Plan approval the petitioner shall supply a letter from U.S. Fish and wildlife Services (USFWS), indicating that the bald eagle nest which was located to the west of the property is no longer being used. 13A2 APR - 9 1996 11. The petitioner shall supply an appropriate wildlife habitat management plan as required by the U.s. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) in relation to the bald eagle nest located to the west of the property, prior to an approval of any final development order. 12. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan tor the site, with emphasis on the conservation/preservation areas, shall be submitted to CUrrent Planning Environmental Review staff for review and approval prior to final site plan/construction plan approval. The exotic removal plan may be phased as approved by Current Planning Environmental Staft. 13. Site lighting shall be directed illuminated in such a manner as adjacent property owner.. to surface areas to be not to cause a qlare to . 14. Security lighting shall be provided on all parking areas and immediate environs of the building. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Mac'Kie offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Constantine and upon roll call, the vote was: NAYS: AYES: Commissioner Mac'Kie, Commissioner Constantine, Commisaioner Hancock~ Commissioner Matthews and Commissioner Norris ABSENT AND NOT VOTING: ABSTENTION: Done this 9th day of April , 1996. BOARD OF ZONING APPEALS ......... " " " -';'. :~~ ,JO C. NORRIS, CHAIRMAN " . ,',' . , ('. ~, .~. " < BROCK! ~~LERK AP OVED AS TO FORM AND LE AL SUFFICIENcY: 1!;1~~iit~~'~'~~t'o~grUL "t ASSISTANT COUNTY ATTORNEY CU-96-1 RESOLUTION/16482 -3- ~~/tJ%.e... ~ ---------------------AP.lL_.S-t 6 -.... ... I' I u. .... .__ DRVE . 0-- "_r rt:--- --- - --- __ IIlfjljl i HP-li--ilj' II" i~i ,'! ,', Ii 111'11 I I I ~I .. ilL.. ." 6 i ! II ' . I I '>1 "I ". I i II I i Ii' I' n! il" ! j' ;; ; I ; I . I P;: i', "I .l! i I Ii" 'Ill i j .... ,. · i:i -Jt-l ~. : · ! II !. ! f! d ) r ", )! 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