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Resolution 1991-014 RESOLUTION 9l-li.. JANUARY 8, 1991 RELATING TO PETITION NO. PU-90-24 FOR PROVISIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN 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 Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Provisional 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 Provisional Use "a" 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 has been made concerning all applicable matters required by said regulations and in accordance with Section 13.1.d of the Zoning Regulations 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 Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth, P.A., representing St. John's Ep~scopal Church of Naples, Inc. with respect to the property hereinafter described as: Tract 130 and East half of Tract 111, Golden Gate Estates, Unit 97, in accordance with and subject to the plat recorded in Plat Book 7, pages 95 and 96, Public Records of Collier County, Florida. II 000 PAGE 91 JANUARY 8. 1991 be and the same 1s hereby approved for Provisional Use "a" of the "E" (Estates) zoning district for a church subject to the following conditions: Exhibit "B" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ot this Board. Commissioner Shanahan offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Haase and upon roll call, the vote va.: AYES: Commissioner Shanahan, Commissioner Hasse. Commissioner Volpe, Commissioner Saunders. and Commissioner Goodnig~t NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ~~ ~ /~/ day ot ,~. .C/" BOARD OF ZON G APPEALS COLLIER COUNTY, FLORIDA , \ ,\ t. ~ I j '," , , .~ A~tST:(.'.. JAMES C. GILES;.-CLERK By:9~ OAvvJ~cl eRAI , . I Q).(. - ~ " .AP .R.~~ AS,.\~:FO M~D LEGAL ';;;"FICIENCY: ~IE ~ENT r~. I ~ASSISTANT COUNTY ATTO~~Y 'q PU-90-24 RESOLUTION nb{4630 . 000 PAGE 92 JANUARY 8; 1991 ':- . c , FINOIKG cr :.l,='l' :'! COLLIER COUNTY F:;"'~~:;;G COMMISSION rc::. A PROVISIO~AL :E! ?ETITION ::~~ PtT-,}" - ~.:. The following facts are foune: 1. Section 7 lOb 1) (:I) c: :.:.~ Zoning Ordinance authorized the provisional ~s~. 2. Granting the provisional ~se .~11 not adversely affect the public' interest and ~i:: :=~ adversely affect other property or uses in the Sa=e ~~strict or neighborhood because of: A. Consistency with t~e C~~=ehensive Plan: Complies ~i~ ~~=ehensive Plan yes....:::!.....- No _ B. Ingress and egress ~c ~=:;erty and proposed structures thereon ~~~ ~~ticular reference to automotive and pedes~:~~ safety and convenience, traffic flow and c=~~=:, and access in case of fire or catastroohe: Adequate. i~;~~!! I egress Yes :::!-.- ~o _ c. Affects neighborin~ p==;~~ies in relation to noise, glare, econc~c == odor effects: ~ No affect or .~-=fect mitigated by ----- _____ Affec~-=~ be mitigated D. General compatibil~~y .~~ adjacent properties and other property in ~~e ~!~=ict: Compatible ~se .~~~in district Yes~:'-:_ Based on the above findings, ~~~! ;=ovisional use should, with stipulations, (copy attac::e:. : ..tw'-41.J ......Jt>. be ~. recommended for approval \ ~ '". \1 ~ DATE: /2./;/"7() :3\IRMAN:\.J~ l~ / , , r FINDING OF FACT CHAIRMAN . OOOPAr,[ 93 E:<~::::: '.' - ........~~._----.-,...-.-.-_..- -..-...., "'_.__"'A"" JANUARY B., 1991 AGREEMENT I, Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth, P.A., as owner or authorized agent for petition PU-90-24, agree to the following stipulations requested by the Collier County Planning Commission in their pUblic hearing on December 6, 1990. 1. PLANNING SERVICES: 8. Expansion of the uses identified on the attached site plan and approved within this Provisional Use application, or major changes to the site plan submitted as part of this application, shall require submission of a new Provisional Use request and shall comply with all applicable County ordinances in effect at the time of submittal including Seclton 10.5 of Collier County Zoning Ordinance No. 82-2. b. Ingress/egress to the proposed petition restricted to Immokalee Road only. sha 11 be 2. WATER MANAGEMENT AND ENGINEERING: a. Design and construction ot all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. b. A portion, not to exceed 70\ of the required may be developed with a grass surface per the County Zoning Ordinance Section 8-12C. The aisles, however, shall be paved. All parking considered paved for stormwater purposes. parking, Collier driveway must be c. This project shall be required to meet all County Ordinances in effect at the tine final construction documents are submitted for develop~ent approval 3. ENVIRONMENTAL: a. Petitioner shall re~ain at least a fifty-five (55) foot wide naturally vegetated buffer along the south property line and at least a forty (40) foot wide naturally vegetated buffer along the east property line. 4. TRANSPORTATION: A. The developer shall provide left and right turn lanes on Immokalee Road at the Project entrance. Should a median opening be permitted upon the four laning of Immokalee road, the developer shall be responsible for the cost of all intersection i~provements necessary to serve the site. EXHIBIT "s" -1- a OOOPI(,[ 94 JANUARY 8, 1991 b. The developer shall provide SO teet of additional road right-ot-way along the south side of Immokalee Road, and receive road impact fee credits to the extent provided in Ordinance 85-55, as amended. The right-ot-way shall be dedicated prior to any certificates of occupancy being issued. c. Access improvements shall not be subject to impact tee credits and shall be in place before any certificates of occupancy are issued. d. The road impact tee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 5. ENVIRONMENTAL HEALTH. 8. Project must be submitted to Collier County PUblic Health Unit for review and approval in accordance with FAC 100-6 for sePt~~~:;~ ~aste. PETITION~T SWORN TO AND SUBSCRIBED BEFORE ME THIS 10th DAY January OF ~,-, NOTARY , 1991- o ~~ Helen . ~ms SEAL ~~~ ~~; HELEN A. SIMS W1'COMWlSIlOHIbl'lA[1 May 28,1914 o " MY COMMISSION EXPIRES: ~J~L/ REPRE ENTATIVE FOR cepe' SWORN TO AND SUBSCRIBED BEFORE ME THIS -.18 th DAY OF ~;:~~~ N TARY , 1991- ~. '-/Y'wCk Cr0 SEAL MY COMMISSION EXPIRES: t:: .'"," 11"[ T~ S;,l( '" H~~lt:IA II ,,::_~: .-~'~ rp /'r~ ;",1911 . ~, 'j, , '. , .~~ PU-90-24 AGREEMENT SHEET/nb/4631 EXHIBIT "B" -2- . OOO,V,[ 95