Loading...
Resolution 1995-048 13 B I 13B 1. RESOLUTION 95-~ RELATING TO PETITION NO. CU-93-17 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida 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 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 January 25, 1994, the Board of Zoning Appeals enacted Resolution No. 94-35, which granted a conditional use pursuant to Ordinance No. 91-102, for Faith Bible Church of Naples, Inc., 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 (I) 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 Cullen Z. Walker, representing Faith Bible Church of Naples, Inc., for the first of three (3) permit~ed one (1) year extensions, in interest of the following described property: Tract 19 and the westerly 47.05 feet of Tract 20, Golden Gate Estates Unit 97, as recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florida. 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. 94-35, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is extended hereby for one year until January 25, 1996. 13B 1 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 is granted. commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner AYES: , and upon roll call, the vote was: COmmissioner COnstantine, Commissioner HanCock, commissioner Norris, Commissioner Mac'Kie and Commissioner Matthews None U""n,-.t'V"''It- NAYS: ABSENT AND NOT VOTING: None ABSTENTION: Done this day of January , 1995. 10th ,,' BY: , CHAIRMAN ATTEST: DWIGHT E. BROCK;' CLERK A;,.. ,J:;, /I',~ .J.~"7/~.:( KP. <Z- ~ T' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: '1Yld ~ 1/.. YI1 Iltn d ~-td: HARJO E M. STUDENT ASSISTANT COUNTY ATTORNEY CU-93-17 EXTENSION RESOLUTION/lgk/13123 ., RESOLUTION 94-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND OTHER PLACE OF WORSHIP CONDITIONAL USE IN THE E ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3.1. 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 ,ffiEREAS, 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 advisability of Conditional Use "1" of section 2.2.3.3. in an "E" zone for a church and other place of worship on the property hereinafter described, and has found as a matter of fact (Exhibit "All) that satisfactory provision and arrangement has 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: .. - Exhibit "A" The petition filed by Debora Allen Gress of Progressive 1.., ~ 1. Engineering representing Faith Bible Church of Naples, Inc. with~ respect to the property hereinafter described as: Tract 19 and the westerly 47.05 feet of Tract 20 Golden Gate Estates Unit 97, as recorded in Plat Book 7, Pages 95 and 96 of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "111 of section 2.2.3.3. of the "Ell zoning district for a church and other place of worship in accordance with the conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. The current planning 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. A "BI! type buffer shall be provided along the east property line in accordance with Sub-Sections 2.4.7.2 and 2.4.7.4 of the LoC. 3. An 'IA" type buffer shall be provided along the west side of site. 4. Areas to be preserved shall be placed under separate easement with protective covenants. Prior to SOP approval, petitioner shall identify and label these easements on the site plan. Protective covenants shall be described and submitted under separate instrument prior to final SOP approval. 5. The fifty-foot strip of land fronting Immokalee Road, (shown on the plan as future additional right-of-way) shall be donated to the County prior to the issuance of any building permit for the site. This donation will be eligible for impact fee credits in accordance with Ordinance 92-22 as amended. 6. Arterial level street lighting shall be provided at the Immokalee Road entrance to the project. 7. The petitioner shall be required to provide a fair share contribution toward the installation of traffic signals or other intersection traffic control improvements at the intersection of Immokalee Road and Oaks Boulevard. 8. Turn lanes shall be required in accordance with Ordinance 93-64 as a condition of site Plan Approval. 9. The County may constrain or close any median openings on C.R. 846 based on traffic operational conditions and limit the access to right-in, right-out only. 10. The petitioner shall upgrade Twenty-Fourth Avenue N.W. to county standards from the entrance to the site eastwards to Oaks Boulevard. -2- BE IT FURTHER RESOLVED that this Resolution be recorded minutes of this Board. 1.},B 1. .... l'latthe....s offered the foregoing commissioner Resolution and moved for its adoption, seconded by commissioner Voloe and upon roll call, the vote was: NAYS: AYES: Commissionec t1atthews, Commissionec Volpe, Commissionec Noct:'is, Commissionec Saunclet:'s and Commisslonec Contantinc ABSENT AND NOT VOTING: ABSTENTION: Done this ?'It-h day of .1.=ln11.=l'-Y , 1994. BOARD OF ~Ol!IllG APPEALS COLLIEr< COUlITY, FLOR}qA ( , ~ / ~ BY':. ~;(,- "I /iYIi~~ ,,.L: TI THY ~~O~TANTINE' CHAIru~l ATTEST: DWIGHT E. BROCK, CLERK '~'f:/HU/~~2J~- y - ~ APPR VED AS TO FORM AND LEGAL SUFFICIENCY: IrV1.'1~t.<.l.- --;r:n. {lD L .l..La:L HARJO E M. STUDENT ASSISTANT COUNTY ATTORNEY CU-93-17 RESOLUTION rnh/10729 -3-