Resolution 1997-394RESOLUTION 97- 394
RELATING TO PETITION NO. CU-96-17 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 December 10, 1996, the Board of Zoning Appeals enacted
Resolution No. 96-581, attached hereto and incorporated herein, which
granted a conditional use pursuant to Ordinance No. 91-102, for a
church, 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 (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 W. M. Walters, representing the Mayflower
Congregational United Church of Christ for the first of three (3)
permitted one (1) year extensions, in interest of the following
described property:
S h of the N h of the SW h of the SW h less right-of-way
in Section 8, Township 50 South, Range 26 East, 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. 96-581, attached hereto and incorporated herein as
Exhibit "A", and all conditions applicable thereto, is hereby extended
for one additional year until December 10, 1998.
$
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.
This Resolution adopted after motion, second and majority vote.
Done this /~ day of ~,~'~/~ , 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
T~MOTH~.&~H~NCOCK, Chairman
'..,~ A"gT- E S ?,: .- ' · ~'.
':- dWIGHT' ~Z B~O.CK, Clerk
'..~ ." .~ -.. -,,' · . ' .
~pp~.oved ~.~co Form and Legal Sufficiency:
MarJo~ie M. Student
Assistant County Attorney
RESOLUTION 96- 581
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH WITH RELATED FACILITIES AND CHILD
CARE CENTER CONDITIONAL USES #1~ 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 e~tablishing 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 Uses "1"
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 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 oppor~unity to be
heard by this Board in a public meeting assembled and the Board having
considered all ~atters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that: ~'
.
The petition filed by William L. Hoover, AICP of Hoover Planning
Shoppe and Beau Keen., P.E. of Keen. Engineering representing Mayflo.~er
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:
Ce
de
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 apprQved 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 aha11 comply with all
applicable County ordinances in effect at the time of
submitta!.
A six (6¥ foot high concrete fence, finished in a tan or
light to ~edium 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.
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.
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-laning of County Barn Road, this requirement shall
be waived.
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 4-1seed if
the following are met by the church:
The child care facility shall not be operated
during the weekdays until such turn lanes are
provided.
No regularly scheduled church activiites shall
o~cur during the Weekday A.M. Peak Mours (7:00 -
9:00 A.M.) and P.M. Peak Hours (4=00 - 6:00 P.M.)
until such turn lanes are provided.
Neither t.he Phase 1-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's expense) to direct traffic at the
intersection of the project,s access road and
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The church agrees to provide such turn lanes 9riot
to the 4-1aning of County Barn Road if Collier
County determines that an operational or safety
concern requires one or both turn lanes to be
provided.
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.
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.
The petitioner shall provide substantial competent
evidence that the project will accommodate existing
sheet flow r~noff in the project's water management
system.
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.
Permits or letters of exemption from the U.S. Army
Corps of E~gineers (ACOE) and the South Florida
Water Management District (SFWMD) shall be
presented prior to Final Site Development Plan
Approval.
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.
An appropriate portion of the native vegetation
shall be retained on site as required in Section
3.9.5.5.4, CCLDC, as amended.
Ail 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.
Buffers shall be provided around wetlands,
extending st least fifteen (15) feet landward from
the edge of the wetland preserves in all places and
average twenty-f~vs (25) feet from the landward
edge of wetlands, at the tl~ of Sits Development
Plan approval.
o. An exotic vega~at£on removal, monitoring, and
~aintsr~noe (exotic-frae) plan for the site, v£th
emphasis on ~e conse~a~on/prese~ation areas, s~ll
~ ~itt~ to ~en~ Planninq Enviro~en2al ~vi~
S~ff for review a~ a~r~al prior ~o fill s~te plan/
co~t~ion plan a~roval.
BE IT ~~ R~OL~ ~hat ~his ~esolutton be record~ i~ ~e
Co~issioner Constantine offered the foreqoi~
Resolution and ~oved for its adoption, seconded by Commissioner
Sancock and upon roll call, the vote was:
AYESz Coms[ssoner Cons=an=ins, commissioner Raflcock, Comm£ss£oner Mac'Kle,
NAYS: Commissioner Ber£y and Commissioner Norris '
ABSENT A~D NOT VOTING:
J
Dor~ this lO~h
day of December , 1996.
LEGAL SUFFECIENCY:
ASSISTANT CO~Y ATTORNEY
CU-96-17 RESOL~FI~ON/18347
BOAiqD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
-4-
F~ND~N~ OF FACT
BY
C~LL~ER COUNTy
A COND[T;OHAL USE PETi~oIq
FOR
!
The follo~g £aci~ are found:
au~iz~ ~e c~itio~l use.
Gran~fnq the conditional tree vi~l n. ot edv~r~ly affect
th~ ~lic ~~t and viii
Be
2e
rn,:;rees and eqr~ss t? propert~ and Proposed
strmc~ures thereon w~th particular reference to
auto~oC£ve and Pedestrian ~afat¥ and convenience,
traffic flo~ and control, and access Ln case of
fi.re or Catastrophe:
Adequate ingTe~s8~ eq'rass
Yes v No -------
------ cannot b~ ~t~qat~ "
o~er pr~M in ~e dAs~i~:
Yea ~ ~o ..
~.sed on the above findings, this comditional use should,
with stipulations, (copy at~ached)
recommended for approval (~) be z~
F'FlqDI'NG OF FAC'F
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMI(ISSlON
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1.
Smction _'/.. 7. ~. of the Land Devlop~ent Coda
authorized the conditional use.
2. Grantimg the conditional use will not adversely affac~
the public ~ntares~: and will not adversely affec~ other
proper~y or u~as An the same dis~ric~ or neig~borhood
because of:
A. Consistency with the Land Melo~ment Code end
Growth Hanage~nt Plan:
B. Ingress and egress to property and proposed
structures thereon with particular reference to
auto~otive and Pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Yea v
C. Affects neighboring Properties in relation to
nois.e~'glare, economic or odor effects:
~_ No elf ecl: or
-------- Affe~ot be mitigated -- -
D. Compatibility with adjacent properties and
other proper:y in the_dletrtc~:
Yes ~ No
Based on the above findfr~/s, this conditional use should,
with s~:i~ulations, (copy at~ached)
FINDING OF FACT
FOR
A ~I~ON~ USE P~ON
FOR
~ foll~ fa~ ~e f~:
au~r~z~ ~ ~o~1 ~e.
~u~Pr~of:~ uses in ~he sm distil, or ~i~rh~
Ye~ ~ No
~reon
~c ~ and consol, a~ ac~ss
· ~re or ca--strophe: --'
C=
~ibility vi~h adJac4nnt
other property la the ~o~ies a~
~ . d~i~:
tible ~vi~in di~l~
Yes ~ No
!,~ed ?.n ~_h_a above findings, this conditional use should,
· ..... ~ ~or approvaA '~) bet
--, 13B
--, FZ~ZNG OF ~ACT
FO~
-- A CO~I~ON~ USE P~ON
FOR
~ foll~ fa~. are f~:
2. Gr~=~ ~e co~itio~al Use Will no= adversely affe~
-- ~e ~lic in.rest ~ will no~ adve~lly aff~ o~er
-- pr~ ~ ~es in ~e I~e dis~ri~ or netg~rho~
~~ of:
A. ~lsten~ wi~ ~e ~nd
' Gr~ ~ge~pl~: C~e and
Yes ~ No
fire or ~str~be: ', -~ a~ess In ~se of '
Yes ~ No
C. ~f~ netg~rt-- - % .
~il~lare .__~ ~°~{es i. relation ~o
.____ Affec~ mitigated by _
____ Afgec~ Cabot ~ mitigated _
D. ..C~tibility wi~h adjacent
or. er prope.~ · ........ profiles and
C~atlble ~ vi~in dt~i~ Yes ~ ~o
rlc~M~ for a~roval "~ ~) ~ ' ~
FI~ZNG OF FA~
I_ L
BY
FOR
!
The followimq facts are found:
Section 7. ~. k/.~. of the Land Devlopaent Code
au~horized the conditional usa.
GrantLr~ the conditional u~e will not adversely affect
the public interest and will not adversely affec~ other
property or uses in the sase district or neighborhood
becau&e of: -
Ae
Be
Ce
De
Consistency with/~he Land Develolment Code and
Growth Management Plan:
Yes ~ No
Ingress and egress to property and pro~sed
structures thereon with particular reference to
auto~otiva and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate inqres~ egress
Yes ?_~___. No ,, ,/
Affects neighborinc/ prope~in rslatlon to
noise,_glare, econoaic oF'odor erratics:
so affec~._?r: /Affect -l~igal:4d by~,.
A~ec'~ caru~ot be mitiqa~ed --
Co~tibility with adJa~flt properties and
other property in ~he/district:
Compatible ~e vi~ln dtl~l~
Yes _ ~ No
Based on the above findings, this conditional us~hould,
vith stipulations, (copy at~ld
rec~~ a~o~l /
FZ~ING OF FA~
lm~Ml3~}{~ OF FACT
BY
COLLIER COUNTY PLAM~ING COH}~SS~ON
FOR
A CONDTTIONAL USE PE'~[TION
FOR
!
The £ollawt~g facts are found:
2e
section 2. ~. ~ ~ of the ~and Devlopment Code
authorized the conditio[~l use.
Granting the conditional use will not adversely affect
the ~)ublic interest and will not adversely affect other
pro~y or uses In the s~e dis=rl~ or neigh~rho~
~cause of:
Ae
Consistency with the Land Development Code and
Growth Manageme~ Plan:
Yes _~/ _ No .
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrl&n safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adec~/ate ingress//& egress
Yes . ~No., _
,,~q,,.~.~- __a_~o[~e~.~._~:~hborl~g .Properties Jul relation to · -~,_~ __, ~con~xc or ~or eff~=
~o a~e~ or Affe~ nitigat~ ~
.... Affe~ c~ot ~ ~it~gat~ -'
Compatibility with adjacent properties and
o~her property in the dis~rict:
C°mpatiblegle within district
Yes ~No
_B_,a~sed .o.n t~.e_.above ~.indings, this conditional use sho ,
wxr~ sCXpuAacxonl, (cony at*~-~, --~ ...... uld.
recommer~ed for approval
FINDING OF FACT
\
13B
FINDING OF FACT
BY
COLLIER COONTY ~G COKKISSION
FOR
A CONDITIONAL USE PETITION
FOR
The followir~ facts are found:
1. Section , ~. ~ .~' ,~. of the Land Devlolment Code
authorized the conditio~al use.
2. Granting tho conditional uae will not adversely affect
the public interest and will not adversely affect other
property or uses in the lame dietric~c or neighborhood
because of:
Ae
Co
De
Consistency verb the Land Develol~entCode and
Growth Management Plan:
Yee~~o
Z.r~re~s and eqrsaa to property and prouoeed
struccuree thereon vith
au~ive a~ P~es~ian safety a~ ~venience,
~affic fl~ and control,
fire or ~taitrophe~
A~e~uateyesi~gre~¢ &~oeCjress
Affects neighboring properties in relation to
noise, glare, economic or odor effects:
~ No affect or Affec~ litigated by
C-~m~atibility with adjacent pr~p~-tl~ and
other property in the district:
Compatibleyes ~ NoWithin dietric'c
Based on the above findings, Chis conditional use should,
/
FINDING OF FACT
· \
1!
FINDING OF FACT
B~
COLLIER COU~ ~~ CO~HlSS~O#
FOR
A ~I~0~ USE P~ON
FOR
The followL~g fac~a are found:
2e
Section ~. O. ~'.~. of the Land OeVlolment Code
authorized ,the conditio~al use.
Granting the conditional use will not adversely affec~
property or uses in the ea~e d~s~.ric~ or neighborhood
because of: .
owCA Marmq~nt Plan:
~r~rsee and eqrese to property and proposed
x~e or ~~he~ ......
n~ee, gAare, econc~c or odor in relation to
effects:
ca.not be nitiqated
O. ..C~tibll£ty w.~th adjacent ~~I~ ~
r~~ for a~--'~ -~~ t-~ ~) ~
FINDING OF FA~T
13B 1'