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Resolution 1998-445 .. t,', '. RESOLUTION 97-~5 A RESOLUTION PROVIDING fOR THE ESTABLISHMENT Of A CHURCH CONDITIONAL USE "I" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 Of THE COLLIER COUNTY LAND DEVELOPMENT CODE fOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 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 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 ~dvisability of Conditional Use "Iu of Section 2.2.3.3 in an "E" Estates zone for a church on the property hereinafter described, und 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 De~elopment 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, THERErORE BE IT RESOLVED, BY THE BOARD Of ZONING APPEALS of Collier County, florida that: ?x'. r n J 'r' "It" -1- The petition filed by Geoffrey G. Purse of Purse Associates, Inc. representing faith Community Church with respect to the property hereinafter described as: Tract IS, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, f"lorida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. 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). 2. All applicable provisions of the Land Development Code in effect at the time of submis~ion of final Site Development Plans shall apply. 3. Arterial level street lighting sllall be r~quired at the time of issuance of the first certificate of Occupancy at established project entrances. 4. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-rnanufacturerj masonry fence/wall shall be constructed at a height of six (6) feet above the est<lblished finished grace of the parking lot. Said wall shall be constructed at the time any such parking lot is constructed. In the alternative a veget<ltive buffer of fifty (501 feet shall be retained Or planted which acco~plishes a one h~ndred (100) percent visual scree~ for a vertical distance of. six (6) feet to be in place at the time said parking lot i~ permitted. 5. No parking lot shall be located within fifty ISO) feet of any lot line contiguous to the north and east boundary lines. 6. All exterior lighting shall be limited to a height of s:..xteen (16) feet and shall be directed do....nward and appropriately shielded so that no alare is transmitted to an adjacent "[" Estates propert~. -2- : f,:, 1 ". . 7. Improvements to 22nd Avenue NW and to the intersect.ion of 22n. Avenue NW and Oakes Boulevard may be required consistent with the ultimate impacts of the church's traffic on that intersection. Such improvements shall be determined at the time of preliminary site plan submission. e. Substantial competent evidence shall be provided by the developer to the effect that the project :s designed to provide capacity and treatmellt for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 9. Should it be determined by Collier County that a sidewalk is necessary along 22~ Avenue N.W., the owners of the property which is the subject of this petition shall pay a proportional share of the costs of said sidewalk. BE IT fURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,;s- 7;l~.. day of 1997. - , BOARD OF ZONING COLLIER COUNTY, BY: ~.. ~ APPEALS fLORIDA ,...... "', ~~/ OCK, Chairman ATTEST ,. . . PW.JGHT'. E" . i I BROCK',.. Clerk I '. , '. t ~~ .(~Zf'~'~:~~c .....A'p~r ve'da;. .t',,: f~;m and =-- L-egal, 'Sufficiency: .... ',..' Yn~i~;;:''rn. {)rh"',d.. Marj ie M. Student Assistant County Attorney tICU-9'-2J PLSOLUTION -3-