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Resolution 1997-415 RESOLUTION 97-.. 415 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH AND COMMUNITY SERVICES CONDITIONAL USE ~3" IN THE "VR" ZONING DISTRICT PURSUANT TO SECTION 2.2.9.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORI DA. 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 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 "3" of Section 2.2.9.3 in an ~VR" zone for a church and co~ununity services 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 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: The petition filed by Victoria Cart representing House of Prayer of the Living God with respect tO the property hereinafter described as: Lots 1 & 2, Block 2, South I~mokalee Heights as recorded in Plat Book 3, Page 29, of the<~Public Records of Collier County, Florida. be and the same is hereby 'i for Conditional Use "3" of Section 2.2.9.3 of the "VR" zoning district for a church and community services in accordance with the'Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED th~% ~his Resolution be recorded in the minutes of this Board. i This Resolution adopted afte~ motion, second and majority vote. Done this ~ day 0£I: ~.,j__ , 1997. ATTEST -' . ' DWIGHT' ~. ~.. BROCK~'~ler k · , ' '/'...~ % -. ', /., ~. '.:,_--: ... .. . ._ :. 'Ap, lSrove.d as' ~o.'Form and "-.L~ga 1 Su'f ficiency: Marjc~ie M. Student Assistant County Attorney .:'i~:~BOARD OF ZONIN~ APPEALS COLLIER COUNTY, FLORIDA TIMOTHY ~ ~O~K, Chairman f/CU-20 R£SOLUT I0~1 FINDING OF FACT BY COLLIER COUNTY PIJ~NNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-20 The following facts are found: 1. Section 2.2.9.3.3 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: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~,w No B. Ingress and egress to property and proposed 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 ingres~ & egress Yes~ u-' No C. Affects neighboring properties in relation to noise, glare, eco3~omic or odor effects: ~-' No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes a/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (e~s~%--s~) be recommende&i, for approval · RMAN~i/~~~, ~~' f/CU-97-20 FINDING OF FACT CKAIRMA/~/ '1.~. 6LtX.~. Abow property is located in floo~ ~e 'X' Boundary ~urvey 401 ~outh ~econd Street Lots I and 2, Bloclc 2 ~0UTH 13~¢3KAL~ H~OHT9 Collier Ouunty, FloriSa {~ecorded in Fiat Boc~ 3, I~ 29, of the O~ficial {~-cords of Oullier Ouunty, Florida Scale~ 1" = 30' April 22, 1997 C~tified to, Fie~tvood ~itle Corpormtiou Fidelity Nntional ?itls lnm~'anc~ Oumpnny of l~lvania VICTORIA ~l~- Exhibit"B" NOTE{ teeetb, d ufld,mlreund .lll{Ike m~l/~' Ib~ib'# NaT leeetml NOT VAiA Mthmd Ih~ idgnetwe MM ike mlglmd reMed aid el · 4. ~ 2.~n Fl~id~ L-I~N~I ~un~ym' md moptmw. (m4t) 3aa-74~ FAX.(B41) ~aa-?aa5 ~ No: 9348~0 (C) 1097 S.T.A.R. SUlWL~N~, INC.- All. it{CHIT ·.i~J' ~!.~ >,~: ~ '~'. . , / ' AGREEMENT !3A4 I, Victoria Carr, as authorized agent for Petition CU-97-20, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on October 2, 1997. a. 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 (91-102). A Site Development Plan (SDP) or a Site Improvement Plan (SIP), whichever is applicable, must be submitted and approved by the Development Services staff prior to the occupancy of this building as a church. PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this. day of , 1997 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLIC NOTARY PUBLIC Commission # My Commission Expires: -1- 1)A + REPRESENTATIVE FOR CCPC State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~-Di day of ~~, 1997 by /~,'C~.~/ ~ /~,~ , who is personally known~to me or who h~--pt~uced . a_- 4d~.nt~4on and who di~-(did not) take an oath. ~i~..~J~ ,~-t~~-'~--~ (~ignature of Notary Public) NOTARY PUBLIC Commission # C6~7~'~F My Commission Expires: ~/~/~: -2-