Resolution 1997-395RESOLUTION 97- 395
RELATING TO PETITION NO. CU-96-16 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREA~, 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 November 12, 1996, the Board of Zoning Appeals enacted
Resolution No. 96-513, attached hereto and incorporated herein, which
granted a conditional use pursuant to Ordinance No. 91-102, for a
church and church related facilities, on the below described property;
and
WHEREAS, Subsection 2.7.4.5 oX the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) 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 Dr. Neno J. Spagna, of the Florida Urban
Institute, Inc., representing Apostolic Assembly of Faith in Christ
Jesus for the first of three (3) permitted one (1) year extensions, in
interest of the following described property:
The North h of the Southeast h of the Southwest h of the
Northeast ~ of Section 31, Township 49 South, Range 26
East, less the west 30' reserved for right-of-way and
utilities, 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. 96-513, attached hereto and incorporated herein as
-1-
Exhibit "A", and all conditions applicable thereto, is hereby extended
for one additional year until
BE IT ~JRTHER 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.
This Resolution adopted after motion, second and majority vote.
ATTEST
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
T~MOTH~/~HAN~0~K, Chairman
DW~G~IT ~..': BR~K~:Clerk
· Apptov.~'d _a.s~¢"Form and Legal Sufficiency:
MarJ~te M. Student
~sistant County Attorney
-2-
RESOLUTION 96- 513
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH AND C}[URC}! RELATED FACILITIES
CONDITIONAL USE "1" IN T!IE "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 12§, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and s6ch business regulations as are necessary for the
protection of the public~ and
WHEREAS, the County purauant 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 divisio~s of the County, among which is the granting of
Conditional
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 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 Com]aission~ and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS Of
Collier County, Florida that=
The petition filed by Dc, ~eno Spagna of Florida Urban Institute,
representing Apolostic Assembly of the Faith in Christ Jesus with
respect to the property hereinafter described as=
-1-
13B 2'
The No~-~h 1/2 of the Southeast I/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 ia hereb7 approved Cot Conditional Use .l# of Section
2.2.3.3. o~ the "E" zoning district for a church and church related
facilities in accordance vith the Conceptual Naster Plan (Exhibit
and subJec~c to the following conditions:
a. The Planning & Technical Services Hanager ma7 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 pact of this
applicatiofi, shall require the sub~ittal of a ney
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
Reviev and Approval, of the Collier County Land
Developmwnt Code (Ordinance No. 91-102).
b. P~lor 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 ~o all applicable Land Development Code
requirements.
d. Whenever Collier County decides to install Lrafflc
siqnals at the intersection of San Marcos Boulevard with
Radio Road, the church shall be responsible for payin9
its fair share of the prorated costs of the traffic
sionals.
e. The maximum number of seats to be alloyed in the
WSanctuary" shall not exceed three hundred (300) seats.
BE X? I~L~ 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
~a,r{, and upon roll call, the vote was=
AYES= Commisaionec Constantine, Commisaione~ ~ac'Kle, Commissione~ ~at~hevs,
Comeissione~ No~ris
NA¥S= Commissioner Hancock
ABSEI~ AND NOT
ABSTENTION=
Don. tht~
day of ~'~.~.~,-,/...~ , 1996.
8OARD OF ZONING APPEALS
....... ,!11111
FINDING OF FACT
COLLIER COUNTY PLANNING COHMISSION
FOR
A CONDITIONAL USE PETITION
FOR
PETITION NO. CU-96-16
The followi~g facts are found..
1. Section 2.2.3.3.1. of the Land Development Code
authorized the conditional use.
Grantlnq'ths conditional uss will not adversely affect
the publi'c intsrest and will not adversely affect other
property 'or uses in the same district or neighborhood
because of:
Consistency with the Land Development Code and
Growth Management Pla~:
Yes _~__No_____
Xngress and egress to property and propossd
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:~
Adequate ingress &~ress
Yes L/ No
Affects neighboring properties in relation to
no~, glare, economic or odor effects:
No affect or Affect mitigated by
.... Affect c~nnot be mitigated
Co~atibility with adjacent properties and other
property in the district:
Compatible use within district
Yes
Based on the above findings, this conditionaL-~e should,
with stipulations, (copy attached) (should be
r'co~mendedforapproval --------- ~t))
FINDING OF FACT MEMBER/18171
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COH~SSION
FOR
A CONDITIONAL USE PETITION
FOR
PETITION NO. CU-96-16
The following! facts are
e
found:
Section 2.2.3.3.1. of the Land Development Code
authorized the conditional use.
Granting'the conditional use will not adversely affect
the publAc Anterest and wi1! not adversely affect other
property~or uses in the same district or neighborhood
because of:
Ce
Consistency with the Land Development Code and
Growth Hanagement Pla~:
Yes ~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and conve
traffic flow and co ~ - niencs,
fire or ca~:astrophs~ .... , and access in case of
Adequate ingress & egress
Yes _ No ./
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
.. ~' No affecl: or ____._Affect mitigated by
-.. Affect cannot be mitigated -
C~patibllity wl~h adjacent properties and 9~her
property in ~he district:
Compatible use within di~rict
Yes ,. _ No _~'
Based on the above findings, this conditional us .
with stipulations, (co~v at' ........ · ehould~.~
.... ~ ~"~ {s~ould not be
recommena~ fOr app~ovaZ -- · ) /~
FIND~N6 OF FA~ ~/15~71 ~
FINDING OF FACT
COLLI~3~ COUNTY PLJ~NNING COMI~ISSION
FOR
A CO)~DITIONAL USE PETITION
FOR
PETITION NO. CU-96-16
The folloving
I
facts are found:
Section 2.2.3.3.1. of the Land Developmemt Code
authorized the conditional use.
Granting'the conditional use will not adversely affect
the public interest and vii1 not adversely affect other
property.or uses in the same d~.strict or neighborhood
because of:
De
Consistency ~ith the Land Development Code and
Growth Hanage~:
ln<jrosm and ocjroaa to proporty and proposed
structures ~hereon ~lt~ p~rtlcular reference ~o
~u~o~ive a~ pedestrian safety and convenience,
traffic ~1~ and control, and ~cces~ In came of
~re or ca~s~rophe:
A~e~ate l~~gr es ~
Affects neighboring properties in relation to
no~e~X.e, economic or odor effecr.~.
_~_k~_No~feCt or Affect mitigated by
~-----~ Affect cannot be mitigated
Compatibility with adjacent propertiu and pther
prol~rty in the district:
Compatible use wi~b~i~rict
Yes ~
Ba. sed on the above fimlim;e, this
rec~end~ for a~roval ~ ~
FXNDXN~ OF FA~ ~~/lS1~1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CCHq)~SS~ON
FOR
A CONDITIONAL USE PETITION
FOR
PETTTION NO. CU-96-16
The followi~g I
fac~ are f~und:
Section 2.2.3.3.1. of the Land Development Co~e
authorized the conditional use.
Granting'the condiClorml use will no~ adversely affe~C
the public ~nterest a~ w~ll no2 adverssly afflc~ o~er
proper2y~or uses tn the ~ame diskfit= or neigh~rho~
~cause of:
Ae
Ce
De
Consis~enc7 with the L,and Development Code and
Growth Management ~
Yes No
~ngrema end oqroaa Co property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow a~d control, and access in case of
fire or ~strophe:
Yes ~ No
Affect9 neigh~ri~ properties tn relation to
nol$~ glare, ecoaomtc or ~or
. W No affe~ or Affec= ~i~iqa~t ~
Affect canno~ ~ ~t~igat~d
Compatibility with adjacent proper~ies and pther
proper~y in the district:
Compatible use within dls~lfct
Yes _ No ....
Based on the above findings, this conditto
,-.-L _~,_..,_.~ .... nal use
FINDING OF FA~ ~~/18171
FINDING OF FACT
BY
COLI,I~ COUNTY PLANT~N~ C131tO~SS~ON
FOR
CONDITION~ USE PETITION
FOR
PETITION NO. CU-96-16
The follovinqI fac~s are
found:
Section 2.2.3.3.1. of the Land Development Code
authorized the conditional use.
Granting'the conditional use will not adversely affect
the public interest and will not adversely affect other
property;or uses in the same district or neighborhood
because of:
Ad
Be
Ce
De
Consistency with the Land
Growth Nanagement~Plan:
Yes _~ No
Development Code and
In, ream and ogress to property and proposed
atFuct~tree thereon with particular reference to
autoBotive and pedestrian safety and convenience,
traffic flc~ and control, and access in came of
fire or catastrophe:
Adequate i~ress ~eqress
Yes No
Affects n~lghborinq properties in relation to
noise, glare, econonic or odor effects:
_~~o affect or Affect mitigated b~
Affect c~nno~ be mitigated
Competibility with adjacent properties and 9ther
property in the distrlct~
Compatible use vith~h~district
Yes No ~
Based on the above findings, this' conditional use should,