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Resolution 1996-581 " 13A 3 RESOLUTION 96-~1 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH WITH RELATED FACILITIES AND CHILD CARE CENTER CONDITIONAL USES "I" AND "3" 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 8, 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 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 appoin~ed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations aade and provided, and has considered the advisability of Conditional Use8 "I" and "3" of section 2.2.3.3. in an "E" Estates zone for a church with related facilities and 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 concerninq 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: ,-- -1- ~ , ( ".' , ;' ( . , p, .., " , I. 'If, 1 _1 " j I -1 .L 3A 3 f The petition filed by William L. Hoover, ArCp of Hoover Planning Shoppe and Beau Keene, P.E. of Keene Engineering representing MaYflower Congregational United Church of Christ with respect to the property hereinafter described as: S 1/2 of the N 1/2 of the SW 1/4 of the SW 1/4 less right-of- way in Section 8, Township 50 South, Range 26 East, Collier County, Florida. be and the same is hereby approved for Conditional Uses "1" and "3" Of Section 2.2.3.3. of the "E" Estates zoning district for a church with related facilities and 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 authorized by the conditional uses. 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 submi ttal. b. A six (6) foot high concrete fence, finished in a tan or light to medium brown color, shall be constructed along the north and south property lines adjacent to all automobile parking areas. Such concrete fence shall be timed for construction with the establishment of the automobile parking areas. c. All elevated lighting fixture specifications shall provide for directing illumination to the surface of the parking lot only with shielding to ensure that there is no horizontal illumination on the adjacent property. d. Arterial level street lighting shall be provided at the project's entrance at the time said entrance is constructed. If the project is built after the four-Ianing of County Barn Road, this requirement shall be waived. e. The church may defer providing a southbound right-turn lane and northbound left-turn lane along County Barn Road into the site until County Barn Road is 4-laned if the following are met by the church: 1. The child care facility shall not be operated during the weekdays until such turn lanes are provided. No regularly scheduled church activiites shall occur during the Weekday A.M. Peak Hours (7:00 _ 9:00 A.M.) and P.M. Peak Hours (4:00 - 6:00 P.M.) until such turn lanes are provided. Neither the Phase I-B and/or Phase 2 expansions shall be constructed until such turn lanes are provided. If requested by Collier County, an off-duty Sheriff's Deputy shall be hired by the church (at the church'. expense) to direct traffic at the intersection of the project's access road and County Barn Road. 2. 3. 4. t ~ t t 'I" 13A 3 5. The church agrees to provide such turn lanes prior to the 4-1an1ng of County Barn Road if Collier County determines that an operational or safety concern requires one or both turn lanes to be provided. f. Under the four-lane condition, the County maintenance complex may be served by a full median opening. The church may opt to have access to this median opening. Any modifications to the present design necessary to accommodate the church shall be at the Church's expense. Nothing in any approval for the church shall operate to vest any right in a median opening at this location. The County reserves the right to modify the median, including closure, as determined by operating and safety conditions. Turn lane designs, under two-lane or four-lane conditions, shall be based on a 50 MPH speed. In addition compensating right-of-way shall be provided. The turn lanes shall be located such that the left turn lane is confined to the frontage of the development. g. The church shall be required to pay road impact fees in accordance with the schedule set forth in Ordinance 92-22, as amended. Said impact fees shall be paid at the time of issuance of a building permit. h. The petitioner shall provide substantial competent evidence that the project will accommodate existing sheet flow runoff in the project's water management system. 1. Right-of-way for the widening of County Barn Road shall be provided in accordance with the requirements shown on the roadway construction plans when requested by Collier County. The value of the right-of-way shall be determined at fair market value as of the date of approval and shall be paid in the form of road impact fee credits. j. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to Final site Development Plan Approval. k. 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 exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 1. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4, CCLDC, as amended. m. All conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. n. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places and average twenty-five (25) feet from the landward edge of wetlands, at the time of Site Development Plan approval. -J- .._"___."____W,~." __""W"."__".'__""_ " . "'Ii' f .. 13A 3 o. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for 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 planl construction plan approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Constantine offered the foregoin~ Resolution and moved for its adoption, seconded by commissioner Hancock and upon roll call, the vote was: AYES: Commissonec Constantine, commissioner nancock, Commissioner Mac'Kie, Commissioner Berry and Commissioner Norcis NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1996. 10th December '." )\.TTEST: pWIGHT E. BROCK, CLERK ,,,s:;J~ BY: J // .APP OVED AS' TO . .fORM AND LEGAL SUFFICIENCY: 'jn.~ ~. STUDENT ASSrSTANT COUNTY ATTORNEY CU-96-17 RESOLUTION/18347 -4-