Resolution 1997-273
prot~ction of the public; and
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RESOLUTION 97- 273
A RESOLUTION PROVIDING fOR THE ESTABLISHMENT
OF i. CHURCH, DAY CARE AND SCHOOL CONDITIONAL
USES "I", "3" ARD "4" IN THE "E" ESTATES
ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3
Of THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTIOH 29, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUHTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1i:46, La.....s of Florida, and Chapter 125, Florida Statutes, has
confE~rred on Collier County the power to establish, coordinate and
enfOI'ce zoning and such business regulation.s as are necessary for the
WHEREAS, the Cou,nty 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
HHEREAS, 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 "1", "3" and "4" of Section 2.2.3.3. in an "E"
Estates zone for a church, day care and school on the property
hereinafter described, and has found a5 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 .....ith Subsection 2.7.4.4 of the Land Development Code for
the C:)llier County Planning Commission: and
NHERF.AS, all interested parties have been given opportunity to
be he3rd by this Board in a puhlic meeting asserr~led and the Board
havin~ considered all matters presented.
'JOW, THEREFORE BE IT RFSOLVED, BY THE BOARD Of ZONING APPEALS of
Colli~r County, Florida that:
The petition filed by Terrance L. Kepple of Kepple Engineering,
Inc., representing Eagles Nest Worship Center .....ith respect to the
prcpe=ty hereinafter described as:
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Tracts 91 and 110, Golden Gate Estates Unit 97 as recorded in
Plat Book 7, Pages 95-96, of the Public Records of Collier
County, Florida.
be aIld the same is hereby approved for Conditional Uses "I", ~3u and
~4" of Section 2.2.3.3 of the "EN Estates zoning district for a
churc:h, day care center and school in accordance with the Conceptual
MasttlC Plan (Exhibit "8") and subject to the following conditions:
B. The Currellt Planning Manager may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements a\lthorized 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 .....ith 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. The total combined child :::an~ and school (K-Sl
enrollment shall not exceed 300. However, until the 4
lane improvements to C.R. 846 are completed along this
segment of roadway, the maximum enrollment shall be
limited to 150.
~. The maximum seating capacity for the church shall be
limited to 700 seats.
d. A ten (10) foot wide Type "8N buffer shall be provided
along the western and southern property boundaries,
with more stringent screening than required in Section
2.4.7.4 of the Collier County Land Development Code.
Trees shall be spaced a minimum of thirty (30) feet on
center and shrubs shall be spaced a minimum of three
(3) feet on-center, with both trees and shrubs located
on the outside of a six (6) foot tall architecturally
finished opaque masonry or .....ooden fence.
e. Upon reques~ by the Collier County Supervisor of
Elections, any buildings deemed appropriate by the
property owner and the County, will f\lnction as a poll
site.
f. Access to 24:h Avenue N.W. is prohibited.
g. Provide a fire hydrant serviced by a minimum 8N water
main within 500' driving feet from the structure.
NFPA 1:3-5.5, NFPA 24:4-2, Collier County Land
Development Code (LDCI.
h. Fifteen percent of the existing native vegetation
shall be retained on-site (6743 sq. ft. of native
vegetation shall be retained in accordance with
submitted vcqetation inventory) per Section 3.9.5.5.4
of the L~=, a3 amended. Illustrate the area of
ret3ined native vegetation on the site plan, at the
site development plan submittal.
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1. At the time of SOP submittaL provide a wetland
jurisdictional determination showing the SF1'iMD line
and the ACOE line. Prior to final SDP approval, all
agency wetland permits shall be submitted.
j. The appli=ant shall be responsible for the
installation of arterial level street lighting at all
project entrances prior to the issuance of any
Certificates of Occupancy for the development.
k. Substantial competent evidence shall be provided by
the developer to the effect that the project is
designed to provide capacity and treatment for
historical road.....ay runoff. In addition, site drainage
shall not be permitted to discharge directly into any
roadway drainage system
1. Under the two lane condi tion for lmrnokalee Road, the
applicant shall be responsible for providing
appropriate turn lanes and compensating right-oE-way.
The compensating right-of-way shall also be provided
under a four or six-lane condition as set forth below.
Compensating right-of-way for turn lanes and median
areas shall be dedicated by the applicant to reimburse
the County for the use of existing right-of-way prior
to the issuance of any Certificates of Occupancy for
th8 development. Such dedication shall be considered
site related and there shall be no road impact fee
credit to the applicant.
m. Under a four-lane or six-lane condition for Immokalee
Road, the applicant may be constrained to right-in/
right-out access movements. The County reserves the
right to restrict and/or modify the location and use
of median openings in accordance with Resolution 92-
422, Collier County Access Management Policy, as it
may be amended from time to time, and in consideration
of safety or operational concerns. Nothing in any
development permit issued by the County shall operate
to vest any right to a median opening in this project,
nor shall the County be liable for any claim of
damages due to the presence or absence of any median
opening at any point alo~g any road frontage of this
project.
n. The applicant shall reserve a fifty-l~ot strip along
the entire project frontage for future road.....ay right-
o~-way prior to ttle issuance of any Certificate of
occupancy for the develcpment. The County :-eserves
the right to acquire said right-of-way at a fixed cost
for land and improvements withQut severanCB damages at
the time needed. The basis of cost for any such
acquisition shal~ be at the present market value based
on the present zoning or on the applicant's cost to
acquire the land, whichever is less.
o. Land acquired for right-of-way may be eligible for
road impact fee credits in accordance with Ordinance
92-22, as a~ended. Any such credits shall he subject
to approval by the Board of County Commissioners.
p. Road improvements required for this project, both site
specific and system capacity, shall be in place prior
to the issuance of any Certificates of Occupancy for
the developments.
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q. Road Impact Fees shall be paid in accordance with
Ordinanc€ 92-22, as amended, and shall be paid at the
time building permits are issued unless otherwise
approved by the Board of County Commissioners.
,
BE IT 'FURTHER RESOLVED that this Resolution be recorded in the
mir.utes Of~~'hi~"ll.~ard.
This Resolution adopted after motion, second and majority vote.
Done this / / -;i day of C._)u /'L. 1997.
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ATTEST:
DWIGHT E. BROCK, CLERK
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~~R~VEDdAS'TQ?'~ORM' AND-
LEGhL SUFFICIENCY:
1lJ"" t.v-L') 1 .&..cuLL.J:
MARJ~IE M. STUDENT
ASSISTANT COUNTY ATTORNSY
f/ClJ+91-elr-es
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