Resolution 1997-445A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A CHURCH CONDITIONAL USE "1" 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 29, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislatu=e 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 arid 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" Estates zone for a
church 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 regu!at~ons and in accordance with Subsection 2.7.4.4 of the
Land Development Code fo~ the Co].lier County Planning Conunission; 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 Geoffrey G. Purse of Purse Associates,
Inc. representing Faith Co,unity Church with respect to the property
hereinafter described as:
Tract 15, Golden Gate Estates Unit 97, less the east 300
feet and Tract 16, Golden Gate Estates Unit 97, less the
east 600 feet, as recorded in Plat Book 7, Pages 95-96, of
the Public Records of Collier County, Florida.
be and the same is hereby approved for Conditional Use "1" of Section
2.2.3.3 of the "E" Estates zoning district for a church in accordance
with the Conceptual Master Plan (Exhibit "B") and subject to the
following conditions:
1. The Planning & Technical Services 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. All applicable provisions of the Land Development Code
in effect at the time of submission of final Site
Development Plans shall apply.
3. Arterial level street lighting shall be required at
the time of issuance of the first certificate of
occupancy at established project entrances.
4. Whenever a parking lot is established opposite a lot
line contiguous to an "E" Estates zoning district a
decorative concrete block wall or pre-manufactured
masonry fence/wall shall be constructed at a height of
six (6) feet above the established finished grade of
the parking lot. Said wall shall be constructed at
the time any such parking lot is constructed. In the
alternative a vegetative buffer of fifty (50) feet
shall be retained or planted which accomplishes a one
hundred (100) percent visual screen for a vertical
distance of six (6) feet to be in place at the time
said parking lot is permitted.
5. No parking lot shall be located within fifty (50) feet
of any lot line contiguous to the north and east
boundary lines.
6. All exterior lighting shall be limited to a height of
sJ~:teen (16) feet and shall be directed downward and
appropriately shielded so that no glare is transmitted
to an adjacent "E" Estates property.
7 o
Improvements to 22nd Avenue NW and to the intersection
of 22nd Avenue NW and Oakes Boulevard may be required
consistent with the ultimate impacts of the church's
traffic on that intersection. Such improvements shall
be determined at the time of preliminary site plan
submission.
o
Substantial competent evidence shall be provided by the
developer to the effect that the project is designed to
provide capacity and treatment for historical roadway
runoff. In addition, site drainage shall not be
permitted to discharge directly into any roadway
drainage system.
Should it be determined by Collier County that a
sidewalk is necessary along 22~d Avenue N.W., the
owners of the property which is the subject of this
petition shall pay a proportional share of the costs
of said sidewalk.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of " ,.¢~. 1997
/. Jo ,, __ - , ·
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to, Form and
Legal Sufficiency:
Marj~ie M. S.ude
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:T~MOTHY~. )ANddCK, Chairman
f/CU-97-2] P£SOLUT I CH
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts are found:
1. 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:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes 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 ~' No
C. Affects neighboring properties in relation to noise,
glare, ec~Dnomic or odor effects-
~' No affect or A~fect mitigated by
__ Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes L/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~Ii~) be recommended for
approvalI~{ 4AN~
f/?J-97-2] FIHDI;M~ OF F~C'r CliP, IP3~kN/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts are found:
1. Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
o
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:
Consistency with th~/Land Development Code and
Growth Management ~n:
Yes %'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 ingress &. ~ress
Ye~ V No
C Affec~ neighboring properties in relation to noise,
g~are, e4r~nomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible us~/ithin district
Yes ~/ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)
approva 1
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts 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:
ao
Consistency with the Land Development Code and
Growth Management
Yes 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 ingress & ~ress
Yes WNo
C. Affects neighboring properties in relation to noise,
glare, eco~ic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D°
Compatibility with adjacent properties and other
property in the district:
Compatible use w.~hin district
Yes / No
Based on the above findings,
stipulations, (copy attached)
approval
this conditional use should, with
(~lh~) be reconr~end//~ for
?
FINDING OF FACT
BY
COLLIER COUNT"f PLANNING COMMISSION
FOR
A CO.NDITIONAL USE PETITION
FOR
CU- 97-23
The following facts are found:
Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
o
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:
ao
Consistency with the Land Development Code and
Growth Management ~No
Yes
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 ingress & .egr~ess
Yes
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
_2:.. No affect or Affect mitigated by
____ Affect cannot' be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use wi]Lhin district
Yes . ~-" No
Based on the above findings, this conditional use should, '~ith
stipulations,/x~opy attached) (should not) be_recommended for
approval f~
DATE: //-- ~ -- ~ MEMBER:
f/CU-:)?-2] i~iNDI,,4C, O~' FACT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts 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:
Consistency with ~he Land Development Code and
Growth Management Pla~:
Yes 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 ingress & egress
Yes ~/ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
./ No affect or Affect mitigated by
Affect cannot be mitigated
D0
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~_/' No
Based on the above findings, th~s_._cg~ditional use should, with
stipulations, (copy attached)<i~she~.no~) be recommended for
approval
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts 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:
A. Consistency with the Land Development Code and
Growth Manage~Tn: 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 i ng~s'-g~-Ne~e s s
~Yes ~ )No
C. Affects neighboring properties in relation to noise,
glare, ~_~-~rg~-'crr-~or effects:
~_ ~ No affec~or Affect mitigated by
~ ~J~f~ect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compa t i b~-~T~_/'~i thin district
No
Based on the above findings, this conditional use~.~oul_'d~, with
stipulations, .~-~py &~t&ched) {~huuld n.st) be recommended for
approva 1 ~//~V~
OP' FACT M~:R/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
~FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts are found:
Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
o
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 Managejn~rrl~-P}~rl~:
~'Yes ..w'/ No
-~__~
B. Ingress and e~f~s 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 ingr.~ss-&..~ress
~'~Yes a.-~>'' No
C. Affects neig~ring proper~, in relation to noise,
glare, economic or odor effe~:
No affect or /Affect mitigated by~~~~
Affect cannot be mitigated
Do
Based on the above findings,
stipulations, (copy attached)
approval
Compatibility with adjacent properties and other
property in the district:
Compatible uge within
~/ No district
(should no~) k~ recommended for
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts are found:
1. Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
0
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
Consistency with the Land Development Code and
Growth Management ~an:
Yes 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 ingress ~egress
Yes '~ No
C. Affects neighboring properties in relation to noise,
glare, ,economic or odor effects:
/~ No affect or Affect mitigated by
Affect cannot be mitigated
D0
Compatibility with adjacent properties and other
property in the district:
Compatible u%~e within district
Yes'% No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) ~ be recommended for
approval ~,~D~ ~~
DATE: %% 1 ~[c~'~ M
f/CU-97-2] ~'Ih~DIN(] OF FACT
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-23
The following facts are found:
1. Section 2.2.3.3.1 of the Land Development Code authorized
the conditional use.
0
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:
Consistency with the Land Development Code and
Growth ~{anagement Plan:
Yes ~ 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 ingress & egress
Yes ~_ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No ~
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should ~ be/recommended for
approval
f/CX3-97.2] FI~,~)I~ OF FACT M~R/
.J
F.~ITH CO¥~.~IT~ C~URCH
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