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Resolution 1996-293 JUN 1 8 1996 RESOLUTION 96- 293 RELATING TO PETITION NO. CU-95-1 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legielature of the state of Florida in Chapter 125, Florida Statute., hae conferred on all Countiee in Florida the power to establish, coordinate and enforce zoning and such businese 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 establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of . Conditional Uses; and WHEREAS, on June 13, 1995, the Board of Zoning Appeals enacted Resolution No. 95-361, which granted a conditional use pursuant to Ordinance No. 91-102, for a church, school and other church related structures, on the below described property; and WHEREAS, SUbsection 2.7.4.5 of the Land Development Code provides that the Board of Zoning Appeals may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Dr. Neno J. Spagna, AICP of Florida Urban Institute, Inc., representing Southern Conference Association of the Seventh Day Adventist for the first of three (3) permitted one (1) year extensions, in interest of the following described property: See attached legal description Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-361, attached hereto and incorporated herein as Exhibit "8", and all conditions applicable thereto, is extended hereby for one year until June 13, 1997. ~OOK -1- OOOmc117 JUN 1 8 1996 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension i. granted. Commissioner Matthews offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'K!,:. , and upon roll call, the vote was: AYES: Commissioner Matthews, Commissioner Mac'Kie, Commissioner Hancock~ Commissioner Constantine and Commissioner Norris NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of 18th June , 1996. . ./J;~~\:i\:'~i:'::,::'~. \ A'l'TtBT'.'..... t ,"' (. \~. DWIGHT:E':'BRQctj.\I~i:.ERx : ..1.. ').1'1" ,0".,'. I : "':":"!j.'.')' ;~~.I'I".':. '.7-'~':"':";;.";''-l>>'':~ ' , ",'t::.~i:l.';k~" ,0: <12 d BYJ-;"r, '..,1:., :~ JIll"" ;oo~ . ">:;'Iir: f '"'.,, ,. r,_'" / APPiWVE;D"Mi'T<lcFORH AND LEGAL "':'lr/I;I';,~,::,','~'1~'.- , k'" dn ~ IE M. STUDENT ASSISTANT COUNTY ATTORNEY BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:~ ~ C. NORRIS, CHAIRMAN SUFFICIENCY: C.U. EXTENSION RESOLUTION/1740B lOOK 000 Pl,! 118 -2- . "~_"'O<~_""''"'''''_~"''_''<__''"',~",-_.^_._o__.__,.~,._,,,~~..,.._H4"_."_" JUN 1 8 1996 RESOLUTION 95-361 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "7" AND "10" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 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 Comprehe~ive 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 1110" of Section 2.2.2.3 in an "An zone for a church, school and other church related structures 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: !ODK 000 Pl',[ 120 JUN I 8 1996 The petition filed by Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Southeastern Conference Association of the Seventh Day Adventist, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "7" and "10" of Section 2.2.2.3 of the "A" zoning district for a church, school and other church related structures in accordance with the Conceptual Master Plan (Exhibit "CO) 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 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 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. This project shall be subject to site Development Plan (SOP) approval in accordance with Division 3.3 of the Collier County Land Development Code. c. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. d. This project shall be designed in accordance with South Florida Water Management District rules for water quality. e. The use of grassed surfaces, with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculations shall consider all of the parking areas as impervious surfaces. g. Prior to final Site Development Plan approval, the petitioner shall submit copies of all agency wetland permits (USACOE, SFWMD, FDEP) and mitigation schedules. h. The County-maintained portion of Sabal Palm Road ends about 1/4 mile to the west of this property. The Petitioner shall, prior to issuance of a Certificate of Compliance, dedicate to the County that portion of Sabal Palm Road extending eastward to the property's easterly boundary. Said road extension shall be improved according to County technical standards for roadway improvements. i. The road impact fees shall be calculated as a mixed-use development as defined in Ordinance 92-22, as amended. ~OOK 000 m 121 JUN 1 8 1996 j. Adequate street lighting shall be provided at the project entrance prior to the issuance of a certificate of Compliance. This project shall be subject to a fair share contribution toward a traffic signal system (new or upgraded) for any of the following intersections if deemed warranted by the County. 1. Sabal Palm Drive and CR 951 2. Lely Cultural Parkway and CR 951' 3. Rattlesnake Hammock Drive and CR 951' 4. Grand Lely drive and CR 951' , Fair share costs are related only to future signal system intorconnection. k. 1. If lighting is provided for any of the proposed outdoor recreational areas and facilities, it shall be shielded to prevent light from glaring onto the adjacent properties. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing . Resolution and moved for its adoption, seconded by Commissioner r-Iac'Kie and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner MaclKie, Commissioner Norris, Commissioner Hancock, Commissioner Matthews NAYS: None ABSENT AND NOT VOTING: None ABSTENTION: Done this day of 13th June , 1995. BOARD OF ZONIllG APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK;, 'CLERK By: 'r'~.4 'rAP.rL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: - ~'1 A (,)J), JJcu.ft..~tL MARJ, RIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-95-1 RESOLUTION/lgk/13694 ~oo~ 000 PI" 122 JUN 1 8 1996 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-95-l . The following facts are found: 1. Sections 2.2.2.3.7 and 2.2.2.3.10 of the Land 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: A. consistency with the Land Development Code and Growth Management Plan: Yes 1'-/ 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 ingr~~ egress Yes NQ. C. Affects neighboring properties in relation to noise, g~re, economic or odor effects: ~ 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 ...---- No Based on the above findings, this c~nal use should, with stipulations, (copy attached) ~not) be ~ecommended for approval . DATE' </1'1/''; <''''''''''1-4' !/-h/ FINDING OF FACT CHAIRMAN/md/2/8/89 EXHIBIT "A" eOOK 000 Pl'.r 123 . .'-~"-"~""-"-""-"~-"-~.-~'-'.'-'-~_.~'~'~___ ____,__..__..~,._.....,__..~.._~.~,.,~M,.,.0 . -""'"'-"'-"-"-"""""~""'-'---'-"-'-*-~---~._'---------. . JUN 1 8 1996 West 330 feet of the East 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 24. Township 50 South, Range 25 East, Collier County, Florida. . &DDK 000 PA',~ 124 EXHIBIT "B" -.,,"_. -".,~",-".>~__. "_ .. _,_.._,_, .. .,_.,.__.,<......_k"...","~,__,.__..,.~_,~;~__ .._....._._,,"..u.~,..=.__._,__~,~~_~__~_.~___.___._._.".... ~ ! ~ ~ ;' -~~'_"'"_.""'_""O"""~ - JUN 1 81996 . ..... o . ~ H ~;g :: ;: : "0 . 3.gi~."'= .. t.. It 15 f ~ ;:: ~:2 c; -lit- o 0 - 1J.% f:! ~ 'fi!~ i d : h~ ~ ~... ~ '51 ., I - i~ r .e. en e:f ~ ..~:. l;1 ~~ . ~ -,! i -E :~] r ~ =',;:... ~i '5-a:S~ . I o. ~ 1: "'8 "& ....:r.1! . : =7]:~!i i" Uls~ ~~ %.d ~ li.:! is l~ I fJtttttttttDttt fJtttttttttDttt "Ii';"; 'l; Ii l! l! u u ~~~ ~ 0 0 0 .. 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