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Resolution 1996-513 NOV 1 2 1996 RESOLUTION 96- 513 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND CHURCH RELATED FACILITIES CONDITIONAL USE "1" IN THE "E" ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 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 I 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 Use "1" of Section 2.2.3.3. in an "Ell zone for a church and church related facilities 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: The petition filed by Dr. Neno Spagna of Florida Urban Institute, representing Apolostic Assembly of the Faith in Christ Jesus with respect to the property hereinafter described as: NOV 1 2 199B The North 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 31, Township 49 South, Range 26 East, less the west 30' reserved for right-of-way and utilities, Collier County, Florida. be and the same is hereby approved for Conditional Use u1" of Section 2.2.3.3. of the "E" zoning district for a church and church related facilities 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 ti>>e of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Developm'lnt Code (Ordinance 110. 91-102). b. Prior to -any approval of a Site Development Plan. the East Naples Fire Control and Rescue District shall convey their approval of fire suppression methods. c. Subsequent required development approvals shall be subject to all applicable Land Development Code requirements. d. Whenever Collier County decides to install traffic signals at the intersection of San Marcos Boulevard with Radio Road, the church shall be responsible for paying its fair share of the prorated costs of the traffic signals. e. The maximum number of seats to be allowed in the "Sanctuary" shall not exceed three hundred (300) seats. 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 M-"r.IKit:> and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Matthews, Commissioner Norris NAYS: Commissioner HanCOCK ABSENT AND NOT VOTING: ABSTENTION: NOV 1 2199fl Done this /,;L day of ~~~ , 1996. ATTEST: I;iWIGHT E. , < BROCK; -CLERK